New York Alimony (Maintenance) Guide: A 2025 Overview
In New York, alimony is referred to as "maintenance" or "spousal support." It is a payment from one spouse to the other to provide financial support aft...
Key Takeaways
- New York law provides for two types of maintenance:
- To determine whether to award post-divorce maintenance, New York courts must consider a number of factors, including:
- New York has a formula for calculating temporary maintenance. While this formula is not mandatory for post-divorce maintenance, it is often used as a guideline.
- The duration of post-divorce maintenance is based on the length of the marriage. The court will consider the following advisory schedule:
- To modify a maintenance order in New York, you must show a "substantial change in circumstances." This could include:
In New York, alimony is referred to as "maintenance" or "spousal support." It is a payment from one spouse to the other to provide financial support after a divorce. The purpose of maintenance is to help the lower-earning spouse become financially independent.
New York Alimony (Maintenance) Guide: A 2025 Overview
In New York, alimony is referred to as "maintenance" or "spousal support." It is a payment from one spouse to the other to provide financial support after a divorce. The purpose of maintenance is to help the lower-earning spouse become financially independent.
This guide will explain the different types of maintenance in New York, the factors courts consider when awarding maintenance, and how it is calculated.
Table of Contents
- What are the types of maintenance in New York?
- What factors do courts consider when awarding maintenance in New York?
- How is maintenance calculated in New York?
- How long does maintenance last in New York?
- How can a maintenance order be modified in New York?
- Frequently Asked Questions
- Legal References
What are the types of maintenance in New York?
New York law provides for two types of maintenance:
- Temporary Maintenance: This is support that is paid while the divorce is pending. It is intended to help the lower-earning spouse meet their financial needs during the divorce process.
- Post-Divorce Maintenance: This is support that is paid after the divorce is final. It can be for a specific period of time (durational) or, in rare cases, for the rest of the receiving spouse's life (non-durational).
| Maintenance Type | Purpose | Duration |
|---|---|---|
| Temporary | To provide financial support during the divorce process. | Until the divorce is final. |
| Post-Divorce (Durational) | To provide economic assistance for a set period of time after the divorce. | For a specific, defined period. |
| Post-Divorce (Non-Durational) | To provide long-term support for a spouse who is unable to become self-supporting. | Can be for the rest of the receiving spouse's life. |
What factors do courts consider when awarding maintenance in New York?
To determine whether to award post-divorce maintenance, New York courts must consider a number of factors, including:
- The age and health of the parties
- The present and future earning capacity of the parties
- The need of one party to incur education or training expenses
- The termination of a child support award
- The wasteful dissipation of marital property
- The duration of the marriage
- The existence and duration of a pre-marital joint household or a pre-divorce separate household
- Acts by one party against another that have inhibited or continue to inhibit a party's earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence
- The availability and cost of medical insurance for the parties
- The care of the children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws that has inhibited or continues to inhibit a party's earning capacity
- The tax consequences to each party
- The standard of living of the parties established during the marriage
- The reduced or lost earning capacity of the party seeking maintenance as a result of having forgone or delayed education, training, employment, or career opportunities during the marriage
- Any other factor which the court shall expressly find to be just and proper
How is maintenance calculated in New York?
New York has a formula for calculating temporary maintenance. While this formula is not mandatory for post-divorce maintenance, it is often used as a guideline.
The formula is based on the parties' incomes and involves a series of calculations. The New York State Unified Court System provides a maintenance and child support calculator to help parties estimate the amount of maintenance that may be awarded.
Civilly Insight: The maintenance calculation can be complex. It is recommended to use the court's official calculator or consult with an attorney to get an accurate estimate.
How long does maintenance last in New York?
The duration of post-divorce maintenance is based on the length of the marriage. The court will consider the following advisory schedule:
| Length of Marriage | Percent of the length of the marriage for which maintenance will be payable |
|---|---|
| 0-15 years | 15% - 30% |
| More than 15 up to 20 years | 30% - 40% |
| More than 20 years | 35% - 50% |
How can a maintenance order be modified in New York?
To modify a maintenance order in New York, you must show a "substantial change in circumstances." This could include:
- A significant increase or decrease in either party's income
- The retirement of the paying spouse
- The receiving spouse's remarriage or cohabitation with another person
Frequently Asked Questions
Is maintenance taxable?
For divorce agreements executed after December 31, 2018, maintenance payments are not tax-deductible for the paying spouse or taxable income for the receiving spouse at the federal level.
Can I get maintenance if I was unfaithful?
Adultery is not a bar to receiving maintenance in New York, but the court can consider it as a factor in its decision.
What is the difference between maintenance and child support?
Maintenance is for the support of a spouse, while child support is for the support of the children.