How New York calculates spousal maintenance
New York's official term is "spousal maintenance," and unlike most states on this site, New York actually has a statutory calculation formula for both temporary and post-divorce maintenance. The post-divorce guideline lives in Domestic Relations Law §236(B)(5-a) and works by running two formulas and using whichever produces the lower number. When the payor is not also paying child support, Formula A takes 30% of the payor's income and subtracts 20% of the payee's income, while Formula B takes 40% of the couple's combined income and subtracts the payee's income; the guideline amount is the lower of the two. When the payor also pays child support to the payee, the percentages shift: the comparison becomes 20% of payor income minus 25% of payee income versus 40% of combined income minus payee income, again taking the lower result.
The formula does not apply to unlimited income. It uses the payor's income only up to a statutory cap that is adjusted every two years for inflation. Effective March 1, 2026, that cap is $241,000, up from $228,000 the prior period. Above the cap, the formula itself stops — courts have discretion to award additional maintenance on top of the guideline amount, but they do so by weighing the statutory factors rather than extending the percentage formula upward. A related, separate figure is the self-support reserve, which is part of New York's temporary (pre-divorce) maintenance guideline worksheet; it was increased to $21,546 effective March 1, 2026 under the official Temporary Maintenance Guidelines Worksheet published by the New York courts.
Duration in New York comes from an advisory schedule published by the New York courts as Appendix E to the maintenance guidelines. For marriages up to and including 15 years, the guidance suggests maintenance payable for 15% to 30% of the length of the marriage. For marriages of more than 15 up to and including 20 years, the range moves to 30% to 40% of the marriage length. For marriages of more than 20 years, the range is 35% to 50% of the marriage length. Critically, this schedule is explicitly advisory — the statute says a court "may utilize" it — and regardless of whether the court applies it, the judge must still separately consider the 15 statutory factors under DRL §236(B)(6) before setting a final duration. Courts also retain the ability to award non-durational, meaning indefinite or lifetime, maintenance in an appropriate case, outside the advisory schedule entirely.
New York does not condition eligibility for maintenance on a minimum marriage length the way Texas does — the formula and factors apply generally, with marriage length instead shaping the advisory duration guidance. On fault: the current 15-factor list under DRL §236(B)(6), which applies to actions commenced on or after January 23, 2016, is entirely financial and needs-based — age and health, earning capacity and workforce history, need for education or training, the effect of child support ending before maintenance does, wasteful dissipation of marital property, domestic violence, availability and cost of medical insurance, caregiving responsibilities that limited earning capacity, tax consequences, marital standard of living, reduced earning capacity from forgone career opportunities, equitable distribution of property, contributions to the other spouse's career, and a final catch-all. Marital fault or adultery is not on this list, and New York courts have long treated ordinary marital misconduct as generally irrelevant to maintenance outside truly egregious cases.
The most recent development is the routine, biennial, CPI-based adjustment to the income cap rather than a substantive rewrite of the formula — the cap moved from $228,000 to $241,000 effective March 1, 2026, continuing the pattern of periodic increases built into the statute.
Last reviewed: July 2026. Statute citations: DRL §236(B)(5-a) (formula and income cap); DRL §236(B)(6) (post-divorce maintenance factors).
Frequently Asked Questions
What is the New York maintenance formula?
Domestic Relations Law §236(B)(5-a) uses two formulas and takes the lower result. Without child support: Formula A is 30% of the payor's income minus 20% of the payee's income; Formula B is 40% of combined income minus the payee's income. With child support paid by the same person: the formulas become 20%/25% and 40% minus the payee's income.
What's the New York maintenance income cap in 2026?
Effective March 1, 2026, the income cap used in the statutory formula is $241,000, up from $228,000, adjusted biennially for inflation. The formula only applies to the payor's income up to that cap; above it, courts have discretion to award additional maintenance considering the statutory factors.
How long does maintenance last in New York?
New York's advisory schedule (Appendix E) suggests 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. The schedule is advisory, not mandatory, and courts must still weigh the 15 statutory post-divorce maintenance factors; non-durational (indefinite) maintenance is also possible in an appropriate case.
Does adultery affect maintenance in New York?
No. Marital fault is not among the 15 statutory post-divorce maintenance factors under DRL §236(B)(6) that have applied to cases commenced on or after January 23, 2016. The factors are financial and needs-based — earning capacity, health, standard of living, and similar considerations.
What is the New York self-support reserve?
The self-support reserve is a separate income floor, published on the official Temporary Maintenance Guidelines Worksheet, set at $21,546 effective March 1, 2026. It's part of the temporary (pre-divorce) maintenance guideline framework rather than a variable this calculator's post-divorce Formula A/B math directly computes.