This calculator provides an *estimate* based on New York's statutory guidelines. It is not a substitute for legal advice.
Understanding New York Alimony (Spousal Support) Calculations
In New York State, spousal support, commonly referred to as alimony, is calculated based on statutory guidelines established by Domestic Relations Law § 236(B)(5-a) and § 236(B)(6). These guidelines aim to provide a framework for determining fair and equitable support obligations after a divorce. The calculation primarily depends on the incomes of both parties and the length of the marriage.
The Basic Formula: Income Shares Model
New York utilizes an "income shares" model. The core of the calculation involves determining the difference between the payor's and recipient's incomes and then applying a percentage based on the marriage duration. There are two primary formulas, depending on which party has the higher income:
Step 1: Determine Income Cap
The calculation is capped at the first $203,000 of the payor's gross annual income (as of 2024, this figure is subject to change). If the payor's income exceeds this amount, the excess income is typically not included in the guideline calculation, although courts can deviate.
Step 2: Calculate the Income Difference
Subtract the recipient's gross annual income from the payor's gross annual income. This is the "Income Difference".
Step 3: Apply the Duration of Marriage Percentage
Multiply the Income Difference by a percentage based on the length of the marriage. The percentages are as follows:
0-15 years: 30% – 40%
15-20 years: 35% – 50%
20-30 years: 40% – 55%
30+ years: 50% – 60%
The court has discretion within these ranges.
Step 4: The Resulting Guideline Amount
The result of multiplying the Income Difference by the applicable percentage is the "Guideline Amount" of temporary or durational maintenance.
Two Formulas to Consider:
New York law provides two formulas, and the obligor (payor) must pay the lower of the two:
Formula A (for the payor): 30% of the payor's gross annual income, minus 20% of the recipient's gross annual income.
(Payor Income * 0.30) - (Recipient Income * 0.20)
Formula B (for the payor): 40% of the payor's gross annual income, minus 40% of the recipient's gross annual income.
(Payor Income * 0.40) - (Recipient Income * 0.40)
Important Caveat: The above Formulas A & B are for *temporary* or *durational* maintenance. For *rehabilitative* or *permanent* maintenance, the calculation is more complex and involves considering factors like the "high-income" scenario. The calculator below focuses on the standard guideline calculation for temporary/durational maintenance.
How the Calculator Works:
This calculator applies the standard guideline formulas for temporary/durational maintenance. It first calculates the base support amount based on the income difference and marriage duration. Then, it calculates the amounts from Formula A and Formula B and presents the *lower* of the two as the preliminary guideline amount. Please note that the actual alimony awarded can vary based on specific circumstances, judicial discretion, and whether the court deviates from the guidelines.
Factors Affecting Alimony Awards
While the guidelines provide a starting point, judges can deviate from them based on factors such as:
The age and health of the parties
The present and future earning capacity of each party
The duration of the marriage
The need for the recipient to become self-supporting
The contributions of each party to the marriage (including homemaking)
The assets and liabilities of each party
The standard of living established during the marriage
Disclaimer
This calculator is for informational purposes only and should not be considered legal advice. Divorce and alimony laws are complex and subject to interpretation. It is highly recommended to consult with a qualified New York family law attorney for advice specific to your situation.
function calculateAlimony() {
var payerIncome = parseFloat(document.getElementById("payerIncome").value);
var recipientIncome = parseFloat(document.getElementById("recipientIncome").value);
var marriageDuration = parseFloat(document.getElementById("marriageDuration").value);
var resultDiv = document.getElementById("result");
resultDiv.innerHTML = ""; // Clear previous results
if (isNaN(payerIncome) || isNaN(recipientIncome) || isNaN(marriageDuration) ||
payerIncome < 0 || recipientIncome < 0 || marriageDuration < 0) {
resultDiv.innerHTML = "Please enter valid positive numbers for all fields.";
return;
}
var incomeCap = 203000; // As of 2024, subject to change
var cappedPayerIncome = Math.min(payerIncome, incomeCap);
var cappedRecipientIncome = Math.min(recipientIncome, incomeCap);
var incomeDifference = cappedPayerIncome – cappedRecipientIncome;
// Ensure income difference is not negative for calculation purpose
if (incomeDifference = 0 && marriageDuration 15 && marriageDuration 20 && marriageDuration 30) {
durationPercentage = 0.55; // Mid-range for 30+ years
} else {
// Handle cases where duration is 0 or invalid, though checked above
durationPercentage = 0;
}
var guidelineAmountByDuration = incomeDifference * durationPercentage;
// Calculate Formula A and Formula B for temporary/durational maintenance
// Ensure these are calculated based on *actual* gross incomes, not capped, unless judge rules otherwise
var formulaA = (payerIncome * 0.30) – (recipientIncome * 0.20);
var formulaB = (payerIncome * 0.40) – (recipientIncome * 0.40);
// Ensure that the resulting alimony is not negative and not more than the guidelineAmountByDuration
var calculatedAlimony = Math.max(0, Math.min(formulaA, formulaB));
// The actual guideline amount is often the lower of Formula A/B OR the duration-based calculation
// However, the law is complex. This calculator uses the lower of A/B as the primary guideline
// and then ensures it does not exceed the duration-based calculation derived from capped incomes.
// For simplicity and common application, we'll present the lower of Formula A/B, capped by the income cap logic.
var finalGuidelineAmount = Math.min(calculatedAlimony, guidelineAmountByDuration);
// Ensure final amount is not negative
finalGuidelineAmount = Math.max(0, finalGuidelineAmount);
// Format as currency
var formattedAlimony = finalGuidelineAmount.toLocaleString(undefined, { style: 'currency', currency: 'USD' });
if (finalGuidelineAmount > 0) {
resultDiv.innerHTML = "Estimated Annual Alimony: " + formattedAlimony +
"(Based on statutory guidelines for temporary/durational maintenance)";
} else {
resultDiv.innerHTML = "Based on these incomes and duration, guideline alimony may be $0.";
}
}