New York Divorce Maintenance Formula: How Spousal Support Is Calculated

New York doesn't leave spousal maintenance up to a judge's gut feeling. The state uses a statutory formula that produces a specific dollar amount based on both spouses' incomes, subject to an income cap that adjusts every two years. Getting the math wrong on your Maintenance Guidelines Worksheet (Form UD-8(2)) is one of the fastest ways to get your uncontested divorce packet rejected.

The Two-Formula Calculation

New York calculates maintenance using two separate formulas and awards the lower of the two results. Both formulas apply to income up to the statutory payor income cap — currently $241,000 as of March 1, 2026.

Formula 1: 20% of the payor's income minus 25% of the payee's income.

Formula 2: 40% of the combined income of both spouses minus the payee's income.

Take the result of each formula. The maintenance amount is whichever is lower — but it can never be less than zero.

Example Calculation

Payor earns $120,000. Payee earns $40,000.

• Formula 1: (20% × $120,000) − (25% × $40,000) = $24,000 − $10,000 = $14,000
• Formula 2: (40% × $160,000) − $40,000 = $64,000 − $40,000 = $24,000
• Result: $14,000 per year (the lower amount), or about $1,167 per month

The Income Cap

The statutory formulas only apply to the payor's income up to $241,000 (the 2026 cap, adjusted biennially based on CPI-U). If the payor earns more than the cap, the court applies the formula to the first $241,000 and then uses judicial discretion for any income above that threshold, considering factors like the standard of living during the marriage, the length of the marriage, and each party's earning capacity.

For most pro se filers navigating an uncontested divorce, both incomes fall below the cap and the formula produces a straightforward number.

How Long Maintenance Lasts

The duration of maintenance depends on the length of the marriage. New York uses an advisory guidelines schedule:

• Marriages up to 15 years: 15% to 30% of the length of the marriage
• Marriages of 15 to 20 years: 30% to 40% of the length of the marriage
• Marriages over 20 years: 35% to 50% of the length of the marriage

For a 10-year marriage, this means maintenance could last anywhere from 1.5 to 3 years. For a 25-year marriage, it could last 8.75 to 12.5 years. These are guidelines, not mandatory — judges can deviate based on the specific circumstances.

The Maintenance-Child Support Interaction

If both maintenance and child support are being calculated, maintenance is computed first. The maintenance amount is then deducted from the payor's income and added to the payee's income before running the child support calculation under the CSSA formula. Getting this order of operations wrong is a common worksheet error that triggers clerk rejection.

When the Court Can Deviate

Even in an uncontested divorce, the judge reviews your maintenance terms. If your agreement deviates significantly from the guideline amount, the agreement must state the guideline amount, the agreed-upon amount, and the reasons for the deviation. Without this explicit acknowledgement, clerks will reject the packet.

Factors that justify deviation include:

• One spouse gave up career opportunities during the marriage
• One spouse has significantly higher earning capacity
• The marriage was unusually short or unusually long
• Tax consequences of the maintenance arrangement
• Domestic violence during the marriage

Filing the Worksheet

Form UD-8(2) is the Maintenance Guidelines Worksheet. It's part of the uncontested divorce packet that goes to the judge for review. Every number on this worksheet must match the terms in your separation agreement or stipulation of settlement. If the worksheet says $1,167/month and your agreement says $1,200/month, the packet gets rejected.

The New York Divorce Filing Process Guide includes a maintenance calculation walkthrough with the current statutory caps and a cross-check system to make sure your worksheet matches your agreement.

See more New York guides →