In New York, spousal support is called maintenance, not alimony, and it is available to a spouse during a divorce case (temporary or "pendente lite" maintenance) and after the divorce is finalized (post-divorce maintenance). Both types are set using a statutory guideline formula that runs two calculations on the spouses' incomes and uses whichever number is lower. How long post-divorce maintenance lasts is guided by an advisory schedule tied to how long the marriage lasted, though a New York court can adjust the amount or duration based on a list of statutory factors.
Who Qualifies for Maintenance in New York
Maintenance is tied to a New York divorce action. A spouse can ask for:
Temporary (pendente lite) maintenance — support paid while the divorce case is still open, governed by New York Domestic Relations Law (DRL) § 236(B)(5-a).
Post-divorce maintenance — support paid after the divorce judgment is entered, governed by DRL § 236(B)(6).
Both use the same underlying statutory formula concept, applied to the spouses' incomes up to a capped income figure described below.
How New York Calculates the Amount
The guideline formula runs two calculations on each spouse's income (up to the income cap) and the court uses whichever result is lower:
If the maintenance payor also pays child support
20% of the payor's income minus 25% of the payee's income, or
40% of the couple's combined income minus the payee's income
If the maintenance payor does not pay child support
30% of the payor's income minus 20% of the payee's income, or
40% of the couple's combined income minus the payee's income
The court uses the lower of the two results in each scenario as the guideline amount. [N.Y. Domestic Relations Law § 236(B)(6)(c)]
Time-sensitive: The formula only applies up to a payor income cap, and that cap changes periodically. The statutory base figure is $184,000, and the New York Office of Court Administration adjusts the cap every two years for inflation (CPI-U). As of March 1, 2026, the cap rose to $241,000, up from $228,000. Because this figure is scheduled to change again, confirm the current cap with your New York court or a family law professional rather than relying on an older number you may have seen. [N.Y. Domestic Relations Law § 236(B)(6)(b)(4); NY Office of Court Administration 2026 income cap adjustment]
For income above the cap, and in cases where the formula produces an unjust or inappropriate result, the court can deviate using the same set of statutory factors described below.
How Long Maintenance Lasts
For post-divorce maintenance, New York uses an advisory — not mandatory — duration schedule based on the length of the marriage:
Marriages up to 15 years: maintenance duration guideline of 15%–30% of the length of the marriage.
Marriages more than 15 up to 20 years: guideline of 30%–40% of the length of the marriage.
Marriages more than 20 years: guideline of 35%–50% of the length of the marriage.
Because the schedule is advisory, a New York court is not required to follow it and can order a shorter or longer duration based on the case's specific facts. [N.Y. Domestic Relations Law § 236(B)(6)(e); NY Courts Appendix E advisory duration schedule]
Factors that can change the formula or duration
New York courts weigh 15 statutory factors when deciding whether to deviate from the guideline amount, award maintenance on income above the cap, or set a duration outside the advisory schedule. These factors include, among others:
Age and health of each spouse
Earning capacity of each spouse
Standard of living established during the marriage
Contributions one spouse made to the other's education, training, or career
Domestic violence
Tax consequences of a maintenance award
[N.Y. Domestic Relations Law § 236(B)(6)(e)(1)]
When Maintenance Ends or Changes
Maintenance in New York automatically terminates when either spouse dies or when the recipient remarries — remarriage termination is mandatory under DRL § 248. A court can also modify or end maintenance on proof that the recipient is habitually living with another person and holding that person out as a spouse, even without a formal remarriage. [N.Y. Domestic Relations Law § 248; § 236(B)(6)]
Beyond those automatic triggers, maintenance can be modified later:
A court-ordered maintenance award can be modified if there has been a substantial change in circumstances.
A maintenance amount that was fixed by agreement (for example, in a settlement) generally requires a showing of extreme hardship before a court will change it.
[N.Y. Domestic Relations Law § 236(B)(9)(b)(1)]
Maintenance, Retirement Benefits, and Bankruptcy
Maintenance is separate from the division of retirement benefits earned during the marriage. Under Majauskas v. Majauskas, 61 N.Y.2d 481 (1984), a New York public pension earned during the marriage is generally treated as marital property, and an ex-spouse's share is set out in a Domestic Relations Order sent to the pension system (such as the New York State and Local Retirement System). This is a distinct process from calculating and paying ongoing maintenance, so a maintenance order and a pension share order can both apply to the same divorce. (Described by the New York State Comptroller's office.)
If a paying spouse later files for bankruptcy, federal law treats maintenance as a "domestic support obligation." Under 11 U.S.C. §§ 507 and 523, a domestic support obligation like maintenance or child support cannot be wiped out in bankruptcy and is paid ahead of most other unsecured debts. Property-settlement debts owed to an ex-spouse under a divorce decree are also generally non-dischargeable in a Chapter 7 bankruptcy case.
What You Can Do in New York
Gather income documentation early. Both spouses' incomes drive the guideline formula, so pay stubs, tax returns, and benefit statements matter from the start of the case.
Ask which formula applies to your situation. Whether child support is also being paid changes which of the two guideline calculations is used.
Confirm the current income cap. Because the cap adjusts every two years, verify the figure in effect for your filing date with your New York court rather than assuming an older number still applies.
Discuss the advisory duration schedule with a professional. Since judges are not bound by the schedule, understanding how the statutory factors could push duration higher or lower can shape settlement negotiations.
Address retirement accounts separately. If a pension or retirement plan is part of the marital estate, ask whether a separate Domestic Relations Order is needed in addition to any maintenance order.
Put changes in writing and go back to court if needed. If income, remarriage, or cohabitation changes the picture after the divorce, a formal modification (not an informal agreement) is generally what protects both sides.
This article is for general information only and is not legal advice; consult a licensed New York attorney about your specific situation.
Frequently asked questions
Who can get maintenance in New York?
A spouse in a New York divorce case can ask for temporary maintenance while the case is pending and/or post-divorce maintenance afterward; both are set using the state's statutory guideline formula.
How is the amount of maintenance calculated in New York?
New York runs two formula calculations on income up to a capped amount — the exact formulas differ depending on whether the paying spouse also pays child support — and uses whichever result is lower.
How long does maintenance last in New York?
For post-divorce maintenance, New York uses an advisory schedule based on marriage length (roughly 15%-30% of the marriage length for marriages up to 15 years, up to 35%-50% for marriages over 20 years), but courts are not required to follow it.
Does maintenance automatically end if my ex remarries?
Yes. Under New York law, maintenance terminates automatically when the recipient remarries or when either spouse dies; a court can also end or modify it if the recipient is shown to be habitually living with a new partner as if married.
Can a New York maintenance award be canceled in bankruptcy?
No. Federal bankruptcy law treats maintenance as a domestic support obligation, which cannot be discharged and is paid ahead of most other unsecured debts.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.
