Spousal Support Calculator: How Alimony Is Calculated in New York

New York does not leave spousal maintenance up to a judge's gut feeling. The state uses a precise statutory formula under DRL § 236(B)(6) that calculates a guideline amount based on both spouses' incomes. Understanding the formula gives you a baseline number before you even sit down to negotiate.

The formula applies to the payor's income up to the current cap of $241,000 (effective March 1, 2026, adjusted biennially by the Office of Court Administration). Above that cap, the court has discretion.

The Two-Formula Calculation

New York calculates two separate numbers and awards the lower of the two. Which set of formulas applies depends on whether the payor is also paying child support.

If the Payor Also Pays Child Support

• Formula 1: (20% of payor's income) minus (25% of payee's income)
• Formula 2: (40% of combined income) minus payee's income
• Guideline amount = whichever is lower

If No Child Support Is Being Paid

• Formula 1: (30% of payor's income) minus (20% of payee's income)
• Formula 2: (40% of combined income) minus payee's income
• Guideline amount = whichever is lower

Example Calculation

Payor earns $150,000. Payee earns $50,000. No child support.

• Formula 1: (0.30 × $150,000) − (0.20 × $50,000) = $45,000 − $10,000 = $35,000
• Formula 2: (0.40 × $200,000) − $50,000 = $80,000 − $50,000 = $30,000
• Guideline maintenance: $30,000 per year ($2,500 per month)

The Self-Support Reserve

There is a floor. If paying the guideline amount would drop the payor's income below the self-support reserve ($21,546 as of 2026), the court reduces the award so the payor retains at least that minimum. If the payor's income is already below the reserve, the guideline amount is zero.

How Long Does Maintenance Last?

New York provides advisory duration guidelines based on the length of the marriage:

These are advisory, not mandatory. A 12-year marriage could result in maintenance lasting roughly 1.8 to 3.6 years. A 25-year marriage could mean 8.75 to 12.5 years. The court has discretion to deviate based on factors like the standard of living during the marriage, the age and health of both parties, and whether one spouse sacrificed career development for the family.

Above the Income Cap

For income exceeding $241,000, the guideline formula no longer applies automatically. The court evaluates 15 statutory factors — including the pre-divorce standard of living, each party's earning capacity, and contributions as a homemaker — to determine whether additional maintenance is appropriate and how much.

This is where negotiation skill and documentation matter most. Having organized financial records that demonstrate the standard of living during the marriage gives the lower-earning spouse evidence to argue for an above-cap award.

Temporary vs Post-Divorce Maintenance

Temporary maintenance (pendente lite) is ordered while the divorce is pending and uses the same formula. Post-divorce maintenance is what continues after the judgment. They are calculated the same way but serve different purposes — temporary support keeps both households afloat during litigation, while post-divorce maintenance addresses the longer-term economic disparity.

When Maintenance Ends

Maintenance automatically terminates upon:

• The death of either party
• The remarriage of the receiving spouse
• The payee cohabitating with another person while holding themselves out as a spouse

Modification requires the requesting party to demonstrate a substantial change in circumstances — a significant income increase or decrease, a job loss, or a medical disability.

The Order of Operations Matters

A common error in settlement negotiations is calculating child support first and then maintenance. New York requires the reverse: calculate spousal maintenance first, then adjust both spouses' incomes before running the child support formula. Getting this sequence wrong can result in thousands of dollars of miscalculated support.

The New York Divorce Financial Split Guide includes a spousal maintenance calculator worksheet that walks you through both scenarios step by step — so you know your baseline number before your first mediation session.

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