New York Alimony Calculator
Estimate spousal support (alimony) in New York. Understand the types of alimony available, how courts calculate amounts, and how long payments may last. Updated for 2026.
New York has a statutory guideline formula for both temporary and post-divorce maintenance under DRL Section 236(B)(5-a) and (6). Two formulas apply depending on whether child support is involved: (1) When payor also pays child support: subtract 25% of the payee's income from 20% of the payor's income; also calculate 40% of combined income minus payee's income; the LOWER of the two amounts is the guideline. (2) When NO child support is paid by the maintenance payor: subtract 20% of the payee's income from 30% of the payor's income; also calculate 40% of combined income minus payee's income; the LOWER of the two amounts is the guideline. The income cap for the formula is $228,000 (effective March 1, 2024). Above that cap, the court may apply the formula or consider statutory factors. Duration follows the Advisory Schedule: marriage of 0-15 years = 15%-30% of the length of marriage; 15-20 years = 30%-40%; 20+ years = 35%-50%.
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Get Started with Divorce.aiTypes of Alimony in New York
Temporary Maintenance (Pendente Lite)
Support awarded during the pendency of the divorce action, from filing through final judgment. Calculated using the statutory guideline formula under DRL Section 236(B)(5-a). Designed to maintain the financial status quo while the case is pending.
Post-Divorce Maintenance
Support awarded as part of the final divorce judgment. Amount is calculated using the same guideline formula as temporary maintenance, subject to the income cap ($228,000 as of March 1, 2024 through 2025). Duration is guided by the Advisory Schedule based on length of marriage. The court may deviate from the guidelines based on 15 statutory factors.
Non-Durational (Permanent) Maintenance
In appropriate cases, the court may award maintenance without a fixed end date. Typically reserved for long marriages where the payee cannot become self-supporting due to age, health, or other circumstances. Terminates upon the death of either party, the payee's remarriage, or court modification.
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Factors New York Courts Consider
When determining whether to award alimony and how much, New York courts evaluate:
The age and health of the parties
The present or future earning capacity of the parties, including a history of limited participation in the workforce
The need of one party to incur education or training expenses
The termination of a child support award before the termination of the maintenance award when the calculation of maintenance was based upon child support being awarded
The wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration
The existence and duration of a pre-marital joint household or a pre-divorce separate household
Acts of domestic violence as provided in Section 459-a of the Social Services Law
The availability and cost of medical insurance for the parties
The care of children or stepchildren, disabled adult children or stepchildren, elderly parents or in-laws provided during the marriage that inhibits a party's earning capacity
The tax consequences to each party
The standard of living of the parties established during the marriage
The reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage
The equitable distribution of marital property and the income or imputed income on the assets so distributed
The contributions and services of the payee as a spouse, parent, wage earner and homemaker and to the career or career potential of the other party
Any other factor which the court shall expressly find to be just and proper
How Long Does Alimony Last?
While there is no universal rule, alimony duration in New York generally correlates with the length of the marriage:
| Marriage Length | Typical Alimony Duration |
|---|---|
| Under 5 years | 0-2 years |
| 5-10 years | 2-5 years |
| 10-20 years | 5-10 years |
| 20+ years | Indefinite / Permanent |
These are general guidelines. Actual duration depends on the specific facts of your case and the court's discretion.
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When Does Alimony End?
Tax Implications of Alimony
Post-2018 Federal Tax Rules
For divorces finalized after December 31, 2018, the Tax Cuts and Jobs Act changed the tax treatment of alimony:
For the Payer
Alimony payments are not deductible from federal taxes.
For the Recipient
Alimony payments are not taxable income for federal taxes.
State tax treatment may differ. Consult a tax professional for advice specific to your situation.