NY STATE GUIDE
New York Alimony (Maintenance): Guidelines and Factors
New York generally calls alimony “maintenance.” Domestic Relations Law section 236 includes separate provisions for temporary maintenance during a case and post-divorce maintenance, with guideline calculations and factors that can affect the result.
Quick orientation. New York has statutory guideline calculations for temporary and post-divorce maintenance, but they are not a universal prediction. The formulas interact with income limits, child support, duration rules, and a court’s ability to adjust an amount when the statutory factors make the guideline result unjust or inappropriate.
Terminology: People may say “alimony,” while state statutes and courts may use “spousal support,” “maintenance,” or another term. Follow the language used by the state source and court documents.
Temporary maintenance and post-divorce maintenance differ
The statute sets out separate calculations for temporary maintenance while a matrimonial action is pending and maintenance after divorce. The two calculations are not interchangeable. The court may consider statutory factors when deciding whether a guideline amount is unjust or inappropriate and must explain an adjustment as the law requires.
Guidelines are only part of the analysis
For post-divorce maintenance, section 236 includes an amount guideline, an income cap, and an advisory duration schedule. The statute also lists factors such as age and health, earning capacity, education or training needs, child-care responsibilities, the marital standard of living, tax consequences, property distribution, and career sacrifices. A court may adjust an amount based on applicable factors and can award non-durational maintenance in an appropriate case.
Income caps and current numbers need checking
The statutory income cap and related amounts may be adjusted over time. A calculator or article using an older cap can produce a misleading estimate. Confirm the current figure in the statute or official court materials for the date relevant to the case.
Questions to take to a New York attorney
- Is the request for temporary or post-divorce maintenance?
- Which statutory formula and current income cap apply?
- How is child support treated in the calculation?
- Could statutory factors justify deviating from the guideline?
- What duration approach is appropriate, and what order or agreement controls?
Official sources and research scope
New York’s statute includes separate temporary and post-divorce maintenance provisions. Income caps and guideline values can change; confirm the current figures and statutory version before using any estimate.
Start with these primary sources, check for later changes and effective dates, and ask a licensed attorney how the law applies to specific facts. This is an educational research summary, not legal advice or a prediction of an outcome.
Content status: Initial state research summary. The cited sources were checked October 13, 2026. The page has not been reviewed by a state-licensed attorney. We will update it as we expand and verify the state library.
Sources checked October 13, 2026 · Read the disclaimer
Prepare for a conversation. Use the private AlimonyPath checklist to organize general questions; it does not estimate a payment or decide legal eligibility.