How does alimony work in New York?

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Accepted Answer

New York post-divorce maintenance is governed by Domestic Relations Law § 236(B)(6) and uses one of the most formulaic alimony schemes in the country.

1. The Statutory Formula (DRL § 236(B)(6))

Maintenance is calculated using the lower of two formulas applied to the payor's income up to the statutory income cap (currently $228,000 as of 2024, adjusted biennially with the CPI):

Without child support (or where maintenance payor is non-custodial):

30% of payor's income MINUS 20% of payee's income

OR 40% of combined income MINUS payee's income (whichever is less)

With child support (where maintenance payor is also paying child support):

20% of payor's income MINUS 25% of payee's income

OR 40% of combined income MINUS payee's income (whichever is less)

Income above the cap is discretionary based on statutory factors.

2. Temporary Maintenance

Pre-judgment maintenance under DRL § 236(B)(5-a) uses the same formulas while the action is pending.

3. Advisory Duration Schedule (§ 236(B)(6)(f))

Marriage 0 to 15 years: 15% to 30% of marriage length

Marriage 15 to 20 years: 30% to 40%

Marriage 20+ years: 35% to 50%

Courts may deviate based on the statutory factors.

4. Statutory Factors for Deviation

Age and health, present or future earning capacity, need for training/education, existence of a wasteful dissipation of marital property, transfer or encumbrance to defraud, loss of health insurance, care of children/elderly relatives, tax consequences, equitable distribution of property, contributions as a spouse/parent, standard of living, and others.

5. Modification & Termination (§ 236(B)(9)(b))

Modifiable on a substantial change in circumstances (15% income change is presumptively substantial). Maintenance terminates automatically upon death of either party or remarriage of the recipient.

6. Cohabitation

Maintenance may be terminated if the recipient is habitually living with another person and holding themselves out as spouses (DRL § 248).

7. Enhanced Earning Capacity

After the 2016 reforms, professional licenses and degrees are no longer marital property subject to distribution — but earning capacity is considered in maintenance.

This is legal information, not legal advice.