New York State Alimony Calculator
This calculator provides an estimation of potential spousal maintenance (alimony) awards in New York State. New York has specific formulas for calculating temporary and post-divorce maintenance. This tool aims to give you a general idea based on the statutory guidelines, but please remember that actual awards can vary significantly based on individual circumstances and judicial discretion.
Input Your Financial Information
Estimated Alimony
Understanding New York State Alimony (Spousal Maintenance)
In New York, spousal maintenance, commonly known as alimony, is financial support paid by one spouse to the other during or after a divorce. New York law provides specific formulas and guidelines to determine both temporary and post-divorce maintenance. The goal is to ensure that the lower-earning spouse has sufficient financial resources while the divorce is pending and, in some cases, after it is finalized.
Temporary Maintenance
Temporary maintenance is paid while the divorce action is ongoing. It aims to help the spouse with less income maintain their standard of living during the legal proceedings. The calculation for temporary maintenance is generally more straightforward and based on a tiered system of income levels.
The statutory formula for temporary maintenance in New York is:
- Guideline Amount: The lesser of (a) 30% of the difference between the parties' gross annual incomes, or (b) 20% of the difference between the payor's gross annual income and the poverty level for a family of three.
- Payor's Income Cap: The formulas above apply to the first $199,400 (as of 2023, this cap is subject to change annually for inflation) of the payor's gross annual income. Income above this cap is generally not considered in the guideline calculation for temporary maintenance.
Post-Divorce (Advisory) Maintenance
Post-divorce maintenance is awarded after the divorce is finalized. The calculation for this type of maintenance is more complex and uses advisory formulas. These formulas consider the duration of the marriage, among other factors, and provide a range for the amount and duration of maintenance. While these are advisory, courts generally adhere to them unless specific circumstances warrant deviation.
The statutory formulas for post-divorce maintenance in New York consider the incomes of both parties and the length of the marriage. They involve calculating a "Total Maintenance Award" and a "Duration of Marriage" component.
Calculating the Total Maintenance Award (Advisory): This involves two separate calculations, and the court typically uses the lesser of the two:
- Formula 1: 30% of the difference between the payor's gross annual income and the payee's gross annual income (capped at $199,400 of the payor's income).
- Formula 2: 20% of the payor's gross annual income minus 40% of the payee's gross annual income (uncapped for income calculations, but the resulting amount cannot exceed the sum of 40% of the payor's gross income and 30% of the payee's gross income).
Calculating the Duration of the Marriage (Advisory): The duration of maintenance is determined by the length of the marriage, using a sliding scale:
- 1-3 years: 15% of the marriage duration
- 3-5 years: 17.5%
- 5-10 years: 25%
- 10-15 years: 30%
- 15-20 years: 35%
- 20+ years: 40%
The percentage is applied to the total number of years the parties were married.
Important Considerations & Limitations
- Income Cap: The statutory formulas for both temporary and advisory post-divorce maintenance are generally capped at the first $199,400 (as of 2023, subject to annual adjustment) of the payor's gross annual income. Income above this cap is typically addressed separately by the court.
- Deviation Factors: Courts are not strictly bound by these formulas and can deviate based on numerous factors, including the age and health of the parties, the standard of living during the marriage, the contributions of each spouse to the marriage (including homemaking and childcare), and the need for the payee to become self-supporting.
- "No-Fault" Divorce: New York is a "no-fault" divorce state, meaning a divorce can be granted on the grounds that the marriage has irretrievably broken down for a period of at least six months. This does not remove the court's ability to award maintenance.
- Legal Advice: This calculator is a tool for estimation only. It does not constitute legal advice. Every divorce case is unique, and you should consult with a qualified New York family law attorney for advice specific to your situation.