By Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539
Answer
New York uses a guideline formula to calculate spousal maintenance, applied to the payor’s income up to a statutory cap — $241,000 as of March 1, 2026. Two formulas exist and the law uses whichever produces the lower result. Duration follows advisory guidelines based on the length of the marriage.
The two formulas
Which applies depends on whether the person paying maintenance is also paying child support.
Where the payor is not also paying child support (or is the custodial parent), the guideline amount is the lower of:
- 30% of the payor’s income minus 20% of the payee’s income
- 40% of the combined income minus the payee’s income
Where the payor is the non-custodial parent paying child support, it is the lower of:
- 20% of the payor’s income minus 25% of the payee’s income
- 40% of the combined income minus the payee’s income
If either produces a negative number, the guideline amount is zero. Where two spouses earn similar amounts, the formula frequently produces nothing at all — which surprises people who assume maintenance is automatic in a long marriage.
The cap, and what sits above it
The formula runs on the payor’s income up to $241,000. Above that, additional maintenance is discretionary — the court decides based on statutory factors rather than arithmetic.
The second calculation limits the guideline amount by reference to 40% of combined income. It is part of the guideline calculation, not an absolute ceiling on discretionary above-cap maintenance.
How long it lasts
Duration follows advisory guidelines tied to the length of the marriage:
| Length of marriage | Advisory duration |
|---|---|
| Up to 15 years | 15–30% of the length of the marriage |
| More than 15, up to 20 years | 30–40% |
| More than 20 years | 35–50% |
The schedule is in DRL §236(B)(6)(f)(1), and a court can also award non-durational maintenance in an appropriate case.
Advisory means exactly that — a court can set a different term and the parties can agree to one. Maintenance generally ends on the death of either party or the recipient’s marriage, valid or invalid. (DRL §236(B)(1)(a), (B)(6)(f)(3).)
When courts depart from the formula
The statute lists factors a court weighs in deciding whether the guideline amount would be unjust or inappropriate: the parties’ ages and health, present and future earning capacity, whether one party needs education or training, whether one reduced their career prospects during the marriage, the standard of living during the marriage, and the availability of health insurance, among others (DRL §236(B)(6)(e)(1)).
Marital fault is generally not among them. A spouse’s conduct rarely changes a maintenance number in New York.
Temporary maintenance
Maintenance can also be ordered while the divorce is pending, using the same formulas. A divorce can run a year or more, and the temporary order is what carries a lower-earning spouse through it.
Can it be changed later?
Court-ordered maintenance can be modified on a substantial change in circumstances. An agreement can limit or bar modification entirely, which is one of the more consequential clauses in a settlement and one people sign without reading.
The short version
A formula produces a presumptive number on income up to $241,000, duration tracks the length of the marriage, and courts can depart from both. Where incomes are close, the formula can produce zero.
Read more: Spousal Maintenance · Equitable Distribution · Post-Judgment Modification