How is the amount calculated?
Two formulas, and the law uses whichever produces the lower result.
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, or
- 40% of the combined income minus the payee’s income
Where the payor is also the non-custodial parent paying child support, the guideline amount is the lower of:
- 20% of the payor’s income minus 25% of the payee’s income, or
- 40% of the combined income minus the payee’s income
If either calculation produces a negative number, the guideline amount is zero.
Two limits apply. The formula runs only on the payor’s income up to $241,000 as of March 1, 2026 — above that, additional maintenance is discretionary. And the result cannot leave the recipient with more than 40% of the combined income.
How long does maintenance last?
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% of the length of the marriage |
| More than 20 years | 35–50% of the length of the marriage |
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 remarriage, and an agreement can specify other ending events.
When does a court depart from the formula?
DRL §236(B)(6) sets out statutory factors the court weighs in deciding whether the guideline amount is unjust or inappropriate. They include the age and health of the parties, present and future earning capacity, the need of one party to obtain education or training, whether one party reduced their career prospects during the marriage, the care of children or family members, the standard of living during the marriage, and the availability of health insurance.
Marital fault is generally not among them. A spouse’s conduct rarely changes a maintenance number in New York.
What about support while the divorce is pending?
Temporary maintenance is calculated under DRL §236(B)(5-a) using the same formulas, and is available from the start of the action.
Frequently asked questions
Is spousal maintenance guaranteed in New York?
No. The formula produces a presumptive amount on income up to the cap, but where the incomes are close, the guideline result can be zero. Courts can also deviate based on the statutory factors.
What is the income cap for maintenance in New York?
$241,000 of the payor’s income, effective March 1, 2026, adjusted every two years. Maintenance on income above the cap is at the court’s discretion after weighing the statutory factors.
How long will I pay or receive maintenance?
Advisory guidelines set duration as a percentage of the length of the marriage — 15–30% for marriages up to 15 years, 30–40% for 15 to 20 years, and 35–50% beyond 20 years. Courts may set a different term.
Does cheating affect maintenance in New York?
Generally no. Marital fault is not typically a maintenance factor. Financial misconduct, such as hiding or dissipating marital assets, is treated differently.
Can maintenance be changed later?
Court-ordered maintenance can be modified on a showing of a substantial change in circumstances. An agreement can limit or bar modification, which is one of the reasons the drafting matters.
Can maintenance be waived?
Yes, by agreement. It should be a decision made with the guideline number in front of you rather than in the abstract.
Related: No-Fault Divorce · Uncontested Divorce · Collaborative Divorce · back to Divorce
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539