NY Spousal Maintenance Calculator
Use this calculator to estimate the presumptive annual and monthly spousal maintenance (alimony) amount under current New York State guidelines (post-2020 law). This tool applies the statutory formulas based on the incomes of both spouses and whether child support is also being paid.
Understanding New York Spousal Maintenance
Spousal maintenance, often referred to as alimony, is financial support paid by one spouse to the other after a divorce or legal separation. In New York State, the law provides specific guidelines for calculating the presumptive amount of maintenance, aiming for consistency and predictability in divorce proceedings. These guidelines were significantly updated in 2015 and again in 2020, with the current law applying to cases filed on or after January 31, 2020.
How the Calculator Works: The NY Spousal Maintenance Formulas
The New York Domestic Relations Law (DRL ยง236B(6)) outlines two primary formulas for calculating the presumptive maintenance amount. The choice of formula depends on whether the payor spouse is also paying child support to the payee spouse.
Key Income Cap: The statutory cap for the payor's income in these calculations is currently $203,000 (as of March 1, 2022). If the payor's income exceeds this amount, the formula is applied to the income up to the cap, and the court has discretion to determine any additional maintenance based on factors for income above the cap. This calculator provides the presumptive amount up to this cap.
Scenario 1: Payor is NOT paying child support to the Payee
When the payor spouse is not also paying child support to the payee spouse, the court considers two calculations, and the lower of the two results is the presumptive annual maintenance amount:
- Formula 1: (30% of Payor's Income) – (20% of Payee's Income)
- Formula 2: (40% of Combined Income) – (Payee's Income)
Note: For Formula 1, the payor's income used in the calculation is capped at $203,000. For Formula 2, the combined income uses the actual incomes of both parties.
Scenario 2: Payor IS paying child support to the Payee
When the payor spouse is also paying child support to the payee spouse, a different set of calculations is used. Again, the lower of the two results is the presumptive annual maintenance amount:
- Formula 1: (20% of Payor's Income) – (20% of Payee's Income)
- Formula 2: (40% of Combined Income) – (Payee's Income)
Note: Similar to Scenario 1, the payor's income used in Formula 1 is capped at $203,000.
Important Considerations and Disclaimers
- Income Definition: "Income" for maintenance purposes generally refers to gross annual income as reported on tax returns, with certain adjustments. It can include wages, salaries, bonuses, self-employment income, and other forms of compensation.
- Payee Income Greater Than Payor Income: If the payee's gross annual income is greater than the payor's gross annual income, the presumptive maintenance amount will be $0.
- Negative Result: If the calculation results in a negative number, the presumptive maintenance amount will be $0.
- Judicial Discretion: While these formulas provide a presumptive amount, a court can deviate from the guidelines if it finds the presumptive amount to be unjust or inappropriate. The court considers 20 specific factors, including the age and health of the parties, earning capacity, wasteful dissipation of marital assets, and contributions to the marriage.
- Maintenance Duration: The law also provides advisory guidelines for the duration of maintenance, typically based on the length of the marriage. For example, for marriages lasting 0-15 years, maintenance might be 15-30% of the marriage length; for 15-20 years, 30-40%; and for over 20 years, 35-50%. This calculator focuses solely on the amount of maintenance.
- Not Legal Advice: This calculator is for informational purposes only and should not be considered legal advice. Spousal maintenance calculations can be complex, and the specific facts of your case will always matter. It is highly recommended to consult with an experienced New York family law attorney to understand your rights and obligations.