When a marriage ends or spouses separate, financial support is often the most important, and most disputed, issue. New York uses statutory formulas to calculate support, but the formula is only the starting point. The final result depends on accurate income information, strong arguments, and knowing when a court may depart from the guidelines.
Which court handles spousal support depends on your situation.
We represent clients in Family Court spousal support cases and address maintenance as part of uncontested divorces.
The guidelines (DRL § 236 (opens in a new tab)) apply to the payor's income up to an income cap, adjusted every two years. Effective March 1, 2026, the cap is $241,000 (opens in a new tab).
If child support is also being paid to the spouse receiving maintenance:
If no child support is being paid, or the payor is the custodial parent:
If the result is zero or less, the guideline amount is zero. A low-income adjustment keeps support from reducing the payor's income below a minimum self-support level.
Example (simplified): a payor earns $120,000, the recipient earns $40,000, and no child support is being paid. Step 1: $36,000 (30% of $120,000) minus $8,000 (20% of $40,000) = $28,000. Step 2: $64,000 (40% of $160,000) minus $40,000 = $24,000. The guideline amount is the lower figure: $24,000 per year.
Income above the cap. The court may award additional maintenance based on the payor's income above $241,000 (opens in a new tab), considering factors such as the standard of living during the marriage, each spouse's age, health, and earning capacity, and the recipient's needs.
Deviation. The court can depart from the guideline amount if it finds the result unjust or inappropriate, based on factors listed in the law.
| Length of the marriage | Suggested duration (as % of marriage length) |
|---|---|
| Up to 15 years | 15%–30% |
| More than 15 years, up to 20 years | 30%–40% |
| More than 20 years | 35%–50% |
For example, a 10-year marriage suggests maintenance of roughly 18 to 36 months. The schedule is advisory, and the court may deviate from it.
When both are ordered, maintenance is calculated first. It is then subtracted from the payor's income and added to the recipient's income before child support is calculated. The child support formula applies to combined parental income up to $193,000 (opens in a new tab) (effective March 1, 2026). (Learn more: Child Custody & Visitation)
In divorce cases, New York law presumes that the less-monied spouse (opens in a new tab) should receive an award of attorney's fees from the other spouse. This helps level the playing field when one spouse controls most of the family's income.
For divorces and agreements finalized after 2018, maintenance is generally not deductible by the payor or taxable to the recipient for federal income tax purposes (opens in a new tab). Consult a tax professional about your situation.
Practical answers
Related pages: Uncontested Divorce & Separation | Prenuptial & Postnuptial Agreements
From the legal library
Family LawFor spouses who agree on property, support, custody, and other terms, this guide explains the New York uncontested-divorce process, essential paperwork, and issues that must be resolved.
Family LawA practical overview for parents starting, responding to, enforcing, or seeking to modify child support in New York Family Court, including filing, financial disclosure, hearings, and additional expenses.
Family LawLearn when a New York prenuptial agreement may help protect assets, children from a prior marriage, support expectations, and inheritance rights—and what makes an agreement enforceable.
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