New York Spousal Support (Maintenance) Calculator
Navigating divorce can be complex, and understanding spousal support, officially known as "maintenance" in New York State, is a critical component. This calculator provides an estimate of guideline maintenance based on the statutory formulas for post-divorce maintenance in New York. It's important to remember that this is an estimate and actual awards can vary based on judicial discretion and specific circumstances.
How New York Spousal Support is Calculated
New York law provides a formulaic approach to calculating spousal maintenance, primarily based on the incomes of both parties. The calculation involves two main formulas, depending on whether the payor spouse is also paying child support to the payee spouse.
Key Factors in the Calculation:
- Payor's Annual Gross Income: The income of the spouse expected to pay maintenance.
- Payee's Annual Gross Income: The income of the spouse expected to receive maintenance.
- Child Support Status: Whether the payor is also paying child support to the payee. This determines which formula is applied.
The Statutory Formulas (as of current guidelines, subject to change):
The law sets an income cap for the payor's income used in the formula. As of March 1, 2022, this cap is $203,000. Income above this cap is subject to judicial discretion and is not included in the guideline calculation.
Formula 1: When Payor is NOT paying Child Support to Payee
- Calculate 20% of the Payor's Income (up to the statutory cap).
- Calculate 30% of the Payee's Income.
- Subtract the Payee's 30% from the Payor's 20%.
- Formula: (0.20 * Payor's Income) – (0.30 * Payee's Income)
Formula 2: When Payor IS paying Child Support to Payee
- Calculate 20% of the Payor's Income (up to the statutory cap).
- Calculate 25% of the Payee's Income.
- Subtract the Payee's 25% from the Payor's 20%.
- Formula: (0.20 * Payor's Income) – (0.25 * Payee's Income)
In both formulas, if the result is negative, the guideline maintenance is zero.
The 40% Combined Income Cap:
After applying the initial formula, there's a second cap. The sum of the payee's income and the calculated maintenance amount cannot exceed 40% of the combined income of both parties. If it does, the maintenance amount is reduced to meet this 40% cap.
Factors Influencing Duration and Deviation
While this calculator focuses on the amount, the duration of maintenance is also determined by statute, typically based on the length of the marriage. Judges can also deviate from the guideline amount or duration based on a list of statutory factors, including but not limited to:
- Age and health of the parties
- Earning capacity of each party
- Need of one party to incur education or training expenses
- Wasteful dissipation of marital property
- Contributions and services of the payee as a spouse, parent, wage earner, and homemaker
- Any other factor the court shall expressly find to be just and proper.
This calculator provides a starting point for understanding potential maintenance obligations or entitlements under New York law. For personalized advice, always consult with a qualified family law attorney.
NY Spousal Support Calculator
Disclaimer: This calculator provides an estimate based on current NY statutory guidelines and is not legal advice. Consult a legal professional for specific guidance. The statutory income cap ($203,000 as of March 1, 2022) is subject to change.