New York Alimony Calculator
Estimate spousal support in New York using the state's Statutory Formula. Includes likelihood, amount range, duration, and the statutory factors that drive the result.
New York divorces typically cost about the same as the national average of $12,900.
Alimony in New York
- Formula type
- Statutory Formula
- Fault considered
- No
- Domestic violence factor
- No
- Equal parenting presumption
- No
- Waiting period before final
- No statutory waiting period
Alimony Calculator in New York: What You Should Know
New York uses a statutory formula for temporary maintenance during the divorce: the lower of 30 percent of the higher earner's income minus 20 percent of the lower earner's income, or 40 percent of combined income minus the lower earner's income. Post-divorce maintenance (called 'durational maintenance') uses the same formula for amount, with duration determined by a separate schedule based on marriage length. For marriages under 15 years, duration is 15 to 30 percent of the marriage length. For marriages 15 to 20 years, 30 to 40 percent. For marriages over 20 years, 35 to 50 percent. Combined income over $203,000 is handled on a discretionary basis.
Key point: New York's maintenance formula applies separately to temporary support during the case and permanent support after the case. The amount may be similar but the duration calculation uses a different schedule for each.
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This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.
Alimony in New York - Frequently Asked Questions
How is alimony calculated in New York?
New York uses a statutory formula. Courts start with a percentage of the income difference between the spouses, adjust for marriage length, and consider statutory factors including marriage length, income difference, standard of living.
How long does alimony last in New York?
Duration in New York typically scales with marriage length. Short marriages (under 5 years) often produce limited rehabilitative support. Medium marriages (5 to 15 years) commonly produce alimony lasting roughly one third to one half of the marriage length. Long marriages (20+ years) may produce indefinite or permanent alimony, particularly when the recipient cannot reasonably become self-supporting.
Can alimony be modified in New York?
Yes. Either spouse can ask the court to modify alimony based on a substantial change in circumstances, such as a significant change in income, retirement, the recipient's remarriage or cohabitation, or a serious health change. New York courts typically require the change to be material and not anticipated at the time of the original order.
Does fault affect alimony in New York?
No. New York does not weigh marital fault in setting alimony. Courts focus on financial need, ability to pay, and the other statutory factors rather than blame for the divorce.
Is alimony tax deductible in New York?
For divorces finalized after December 31, 2018, alimony is no longer deductible by the payer or taxable to the recipient under the federal Tax Cuts and Jobs Act. This federal rule applies in New York as it does in every state. Older orders entered before 2019 generally retain the prior tax treatment unless modified.
This estimate is for planning purposes only and does not constitute legal or financial advice. Consult a licensed family law attorney in your state for guidance specific to your situation.