Spousal support in New York can be a complicated topic and one that is very contentious amongst divorcing couples. More commonly referred to as spousal maintenance, this process is designed to help a spouse who may have a lower income regain a financial foundation, which then allows them to provide for their own needs. Courts consider specific criteria for awarding spousal support in New York, and it’s crucial to understand this process so you can assert your legal rights.
Terminology to Understand During a Divorce in New York
While it may seem as simple as determining which spouse makes more money than the other, New York alimony laws establish several considerations for determining how much spousal maintenance may be provided and for what length of time.
The following should provide a clearer idea of spousal maintenance. That way, if you find yourself seeking payments or at risk of paying, you can feel more empowered and informed regarding your legal options.
During any legal case, it can be difficult to understand the terms and verbiage used by courts and lawyers. At Trotto Law Firm, P.C., we’re dedicated to making legal terminology as easy to understand as possible for our clients. A few terms you may encounter during a spousal maintenance case include:
- Temporary maintenance. These are payments made from one spouse to the other while divorce proceedings are still ongoing.
- Post-divorce maintenance. These are payments from one spouse to the other after the divorce is legally finalized.
- Payor. This is the spouse who has to pay spousal maintenance.
- Payee. This is the spouse who receives spousal maintenance.
- Income cap. In 2026, the income cap for spousal maintenance is $228,000. This means that, when courts are calculating how much spousal maintenance to award the payee, they typically will only look at the payor’s income up to $228,000, even if they earn more than that. The income cap is adjusted over time.
- Self-support reserve/low-income adjustment. This is a rule used by New York courts to make sure that spousal maintenance isn’t set so high that the payor doesn’t have enough money to support themselves after making their spousal maintenance payments.
- Durational maintenance. This is a specific type of spousal maintenance awarded for a set period.
- Non-durational maintenance. This is a type of spousal maintenance awarded in specific cases for the payee’s entire lifetime.
Different Types of Spousal Maintenance in a New York Divorce Case
New York has two types of spousal maintenance. They are:
- Temporary. This is awarded if one spouse has a need during the divorce process, and it ends when the final divorce is granted by a judge.
- Post-divorce. This is the more common type of maintenance that people are familiar with. It consists of payments made after the divorce is finalized.
Couples seeking a divorce in New York could face a contested or uncontested process. In a contested process, spousal maintenance would need to be awarded by the court. In an uncontested process, the couple may decide between themselves if support is necessary, how much, and for how long.
What Counts as Income in a New York Divorce?
When a court in New York is determining spousal maintenance, it doesn’t just look at a person’s paycheck. Instead, there are various sources the court may count as income, such as:
- Wages or salary from a job, including any overtime pay
- Investment money, including interest, dividends, or stock earnings
- Rental income from any property
- Unemployment benefits
- Disability payments
- Retirement income, such as pensions
If income is unclear or varies significantly every month, disputes can arise during a divorce case. Courts in New York often consider these circumstances in a spousal maintenance case:
- Variable income. If a spouse gets a large bonus or earns work commissions that vary in value, the court will work to calculate a realistic average.
- Self-employed income. If a spouse operates a business, what they choose to report as business deductions on their taxes can make actual income confusing to calculate. Courts review the tax returns and business records of a self-employed spouse to understand their actual income.
- Voluntary underemployment or unemployment. Sometimes, a spouse may choose to work less, take a lower-paying job, or not work at all to avoid paying spousal maintenance. Courts may calculate what the spouse could actually realistically earn, instead of what they currently earn. This is called imputed earning capacity.
Using these calculations, courts try to get as close as possible to what each spouse has the capacity to earn. It’s important to hire a spousal support lawyer during this process. They can explain what to expect during your specific alimony case.
Determining a Spousal Maintenance Award
When filing for divorce, both spouses have the opportunity to request spousal maintenance from the other. If the court is going to award an amount to one spouse, the judge will consider the following:
- What was the standard of living during the marriage?
- What property or income is available to both spouses?
With these considerations, the court must then make several decisions. These include:
- Is spousal maintenance necessary?
- How much is necessary?
- What type of maintenance is needed?
- How long should the payments last?
It will then use a formula to calculate the amount of payments. This formula takes into account the duration of the marriage, the income, and other factors, such as child support, access to assets, earning potential, and division of property.
Structure of Spousal Maintenance
If spousal maintenance is ordered, the courts will also set a structure for how the payments are to be made and how frequently. In New York, these payments are commonly made in monthly payments; however, they may structure the payments in a different way if the couple’s circumstances necessitate it.
While payments are usually paid by one spouse to the other, there may be circumstances in which a court will order the payment to be deducted from a paycheck through an employer. A judge may also allow for or order a lump-sum payment to be made instead of periodic installments. However, this is less frequently used because of the high demand for this type of payment.
The length of payments is determined by the length of the marriage, with longer marriages expecting longer periods of spousal maintenance. The general structure is:
- Marriages between 0 and 15 years will see payments last 15% – 30% of that time.
- Marriages between 15 and 20 years will see payments last 30% – 40% of that time.
- Marriages lasting 20 or more years will see payments last 40% – 50% of that time.
Modifying Spousal Maintenance
Life circumstances can change, including employment, income, health, and a variety of other factors. If you are currently paying or receiving spousal maintenance and seek to modify these payments, specific criteria allow you to do so. In New York, you can petition to have your agreement modified as long as one of the following applies:
- There have been at least three years since the initial agreement or previous modification.
- There has been a significant change in circumstances.
- There has been a change in income of at least 15%.
FAQs
Q: How Is Spousal Maintenance Determined in New York?
A: In New York, spousal maintenance is determined based on need. The purpose is to provide an opportunity for the spouse with a lower income or earning potential to regain financial stability during or after a divorce. The amount of support granted is based on several factors, but it is mostly informed by the length of the marriage and the disparity in income.
Q: What Are the Rules for Spousal Maintenance in New York?
A: In New York, spousal maintenance, the more commonly used term for spousal support and alimony, may be ordered if one spouse is to be legally responsible for the reasonable care of the other spouse because of a disparity in income. This involves providing an amount of money or assets that allows the spouse to provide for their own needs in a reasonable manner.
Q: How Do I Avoid Paying Spousal Maintenance in New York?
A: If the court ordered you to do so, you cannot avoid paying spousal maintenance in New York. Spousal support is a legal requirement if dictated by a court. However, there are several ways to avoid having to provide this type of support. Common ways include:
- Signing a pre- or postnuptial agreement
- Negotiating assets with your spouse instead of payments
- Proving that there is no need for spousal support
- Filing for a fault-based divorce
Q: What Are the Different Types of Spousal Maintenance in New York?
A: There are two types of spousal maintenance in New York. The first type is temporary maintenance, in which a court may order one spouse to provide financial support to the other during the divorce process. The other type is post-divorce maintenance, which is an amount determined in the divorce settlement and extends for a period of time, which increases by how long the marriage lasted.
Hire a Spousal Support Lawyer in New York
Spousal maintenance can raise many questions for those who are going through a divorce or are already in a payment agreement. When you have questions about spousal support, contact the skilled and experienced spousal support attorney at Trotto Law Firm, P.C. Our firm can provide the information you need, no matter what part of the process you are in.
