New York Alimony & Spousal Support (2026)
New York is one of the few states with an actual guideline formula for alimony amount, under DRL § 236(B). It's still advisory in most cases — a judge can deviate from it — but it gives a real, citable starting point instead of pure guesswork.
The guideline formula
New York has a statutory maintenance guideline that applies up to an income cap on the payor's income (indexed every two years for inflation; the cap most recently increased to $241,000 effective March 1, 2026). Below the cap, the guideline uses two formulas and applies whichever produces the lower result. Where the payor is not also paying child support (or is the custodial parent), Formula A is 30% of the payor's income minus 20% of the payee's income, and Formula B is 40% of the parties' combined income minus the payee's own income. Where child support is also being paid by a non-custodial payor, the percentages change to 20% of the payor's income minus 25% of the payee's income for Formula A, with Formula B remaining the same 40%-of-combined-income calculation.
New York also has an advisory duration schedule tied to length of marriage: 15-30% of the marriage length for marriages up to 15 years, 30-40% for marriages over 15 up to 20 years, and 35-50% for marriages over 20 years.
For an exact figure using your own numbers, use the official New York calculator/guideline tool.
What determines alimony in New York
Under DRL § 236(B) (New York Domestic Relations Law § 236(B)), a court considers:
- Each party's age and health
- Each party's present and future earning capacity
- Need for training or education to become self-supporting
- Existence and duration of a joint household before marriage or during separation
- Acts by one party against the other that have inhibited earning capacity
- Availability and cost of medical insurance for the parties
- Care of children or stepchildren, disabled family members, or elderly parents
- Tax consequences of maintenance
- Standard of living during the marriage
- Reduced or lost lifetime earning capacity of the party seeking maintenance
- Equitable distribution of marital property
- Contributions as a homemaker
- Any other factor the court finds just and proper
Good to know
- The income cap adjusts every two years based on the Consumer Price Index, so the exact dollar cap changes over time — always confirm the current cap before relying on a specific figure.
- Above the income cap, or where the court finds the guideline amount unjust or inappropriate, the court has discretion and can deviate using the statutory factors.
Also need a child support estimate?
Alimony and child support are calculated completely separately in New York. If you also have children, use our free New York child support calculator — that one does compute a real number, based on the official guideline formula.
Frequently asked questions
Does New York have a maintenance formula?
Yes. New York's Domestic Relations Law § 236(B) sets a real statutory maintenance guideline (not just factors), which applies up to an income cap that adjusts every two years — currently $241,000 as of March 2026 for the higher-earning spouse's income.
How is the New York maintenance amount calculated?
The guideline runs two formulas and uses whichever gives the lower amount. If there's no child support involved, Formula A is 30% of the payor's income minus 20% of the payee's income; Formula B is 40% of the combined income minus the payee's own income. The percentages shift slightly when the payor is also paying child support.
How long does maintenance last in New York?
New York's advisory duration table ties maintenance length to marriage length: roughly 15-30% of the marriage for marriages up to 15 years, 30-40% for marriages of 15-20 years, and 35-50% for marriages over 20 years. It's advisory, so a judge can order a different duration.
Source: New York Domestic Relations Law § 236(B) · Last verified 2026-07-22
Disclaimer: This page explains the general legal framework for alimony in New York and is for informational purposes only — it is not legal advice and does not predict the outcome of any specific case. Laws change; always verify with the official source above or a family law attorney licensed in New York before making decisions.