New York Spousal Maintenance Calculator

Under DRL §236(B)(5-a), the basic formula is: 30% of the payor's income minus 20% of the payee's income (without child support), or the lower of that and 20%/25% when child support is also owed. The result is capped so the payee's combined income does not exceed 40% of combined income. For 2026, the formula applies to income up to $241,000 per year.

New York has an advisory duration schedule: marriages under 15 years typically generate 15–30% of the marriage length in maintenance; 15–20 year marriages generate 30–40%; marriages of 20+ years may result in an indefinite award. These are advisory — the judge makes the final call.

Yes. When child support is also owed, DRL §236(B)(5-a) applies a different formula (20% of payor minus 25% of payee) and the court uses whichever result is lower. Always run both scenarios.

The formula only applies to income up to the statutory cap ($241,000 in 2026). Income above that figure is handled at the court's discretion — the court weighs the 15 post-divorce maintenance factors under DRL §236(B)(6).

Yes. Since 2010, New York allows no-fault divorce on the grounds of irretrievable breakdown. Fault can still be considered in equitable distribution but generally does not affect the maintenance formula.