Alimony is a type of payment that one spouse pays to another throughout divorce proceedings or after a divorce has been finalized. It’s important to hire a spousal support lawyer before filing your divorce case. They can explain the different types of spousal support (alimony) in New York, which is key to protecting your rights during a divorce case.
Hire a Spousal Support Lawyer Today
At Trotto Law Firm, P.C., our founding attorney, Jonathan Trotto, has spent the last 17 years representing residents of New York through their most difficult times in life. He understands that family law can take heavy emotional and financial tolls on families. He uses his extensive knowledge of New York’s spousal maintenance laws to seek the most favorable outcome for each client’s unique case.
Our firm is passionate about providing our clients with accessible legal knowledge, enabling them to take back control of their lives after experiencing destabilization. Let our skilled firm take care of the legal side of your case so you can focus on your family’s well-being during this challenging time.
Types of Spousal Maintenance in New York
In 2024, there were around 635,855 residents of New York who were divorced. This process can be tedious and difficult to go through, but it’s vital to remember that you aren’t alone, and the process was designed to be accessible to those who need it.
In 2024, the average New York household income was $81,228. However, 34% of the state had an income of less than $50,000.
In New York, alimony payments made while a couple is divorcing are referred to as spousal support, while payments made after a divorce is finalized are known as spousal maintenance. Understanding both types of payments can show the purpose of alimony, which is to provide support for one spouse to allow them time to become financially self-sufficient.
Determining the type, duration, and amount of spousal maintenance payments is a matter of the circumstances surrounding each case. Knowing the types of alimony can empower you throughout the process. There are two types of alimony in New York:
- Temporary maintenance. This may be referred to as pendente lite maintenance. This type of spousal maintenance is often awarded during the divorce process and ceases when the final divorce decree is made by a judge. The award is based on actual spousal need, and it is set based on predetermined statutory guidelines that determine the amount needed.
- Post-divorce maintenance. This type of alimony is paid after the final divorce decree is made. The payments are determined by the length of the marriage and take into account the income of both spouses. Similar to temporary maintenance, statutory guidelines dictate what the baseline support might be.
If it is decided that spousal maintenance should be paid, the court could order payments both on a temporary basis and then as post-divorce maintenance. The award of one does not negate the order of the other.
Calculating Temporary Maintenance
When the court determines that temporary maintenance is to be awarded, the judge will use a statutory formula that calculates a suggested amount of temporary support. Using the formula, courts can remain consistent with their determinations to avoid any discrepancies.
However, judges do have the authority to award an amount outside the guidelines, but they must show that the calculated award may be considered unjust or inappropriate.
The calculation for temporary maintenance considers the following factors:
- The income of each spouse, maxing out the paying spouse’s income at $228,000
- Whether the spouse who will be paying temporary maintenance will also pay any child support
The amount of the temporary maintenance award does not have an impact on any post-divorce award that either party is granted. Temporary maintenance payments end when either the divorce is finalized or one spouse dies.
Calculating Post-Divorce Spousal Maintenance
Like temporary maintenance, the courts will use a formula to arrive at a constant determination from case to case. However, judges have more discretion in deciding how much maintenance should be awarded, as there are more long-term factors to be considered. Additionally, judges want to be sure that payments are just and appropriate. Factors that judges will take into consideration include:
- The age and health of both spouses
- The spouses’ present or future abilities to earn income
- If there are any educational or training expenses that are required by one party or the other
- What the child support payments may be
- How marital property was treated by both parties during the marriage
- Any pre-marriage or pre-divorce separate housing
- Any acts by either party that impact either spouse’s ability to earn income
- Availability and cost of benefits, such as health insurance
- Tax consequences that either party could face
- The standard of living the couple had while married
- The distribution of marital assets and the income that could be earned from selling that property
These factors, along with New York alimony laws, have a role in the final determination of the amount of spousal maintenance one party may be forced to pay the other.
How the Math Works When Calculating Spousal Maintenance in a New York Divorce Case
When courts in New York are determining spousal maintenance payments for a divorcing couple, they use different formulas to calculate. In 2026, there is an income cap of $228,000 that courts use when calculating the maintenance formula. If a spouse earns more than the income cap, courts generally use $228,000 as the highest income amount. However, in specific cases, courts will consider income over $228,000.
There are two formulas used when calculating spousal maintenance. The lower formula is typically applied when there are children involved and the paying spouse is paying child support as the non-custodial parent. The steps for the lower formula are as follows:
- 20% of payor income minus 25% of payee income equals result one.
- 40% of the combined income minus the payee’s income equals result two.
- The guideline amount for spousal maintenance is the lower of either result one or result two, but it is not below zero.
The higher formula is typically used when there are no children involved in the divorce, or the lower formula doesn’t apply. The steps for the higher formula are:
- 30% of payor income minus 20% of payee income equals result one.
- 40% of the combined income minus the payee’s income equals result two.
- The guideline amount for spousal maintenance is the lower of either result one or result two, but it will not be below zero.
For example, if the paying spouse has an income of $120,000 and the receiving spouse earns $60,000, then result one of the higher formula would equal $24,000, and result two would equal $12,000. The courts would typically award $12,000, since it’s the lower of the two results.
FAQs
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 awarded during the divorce process and is known as temporary maintenance. This type of alimony ceases when the final divorce decision is made in court. The second type of spousal maintenance is post-divorce spousal maintenance. One does not have an impact on the other, and a spouse could be awarded both.
Q: What Is the Formula for Spousal Maintenance in New York?
A: Post-divorce spousal maintenance is determined by the length of the marriage. The calculation states that if a marriage is between 0 and 15 years, the maintenance could last for 15-30% of the marriage. 15 to 20 years is 30-40% of the time, and more than 20 years could be up to 50% of the time. This is then impacted by other factors that a judge will take into account.
Q: What Is the Spousal Maintenance Cap in New York?
A: The calculation for spousal maintenance is capped at $228,000 to determine the amount that the spouse may need to pay. If there is an additional award over the cap, then it is at the discretion of the court to make the determination. Many factors, including age, health, income capacity, and more, will determine if you would pay more than this cap in your spousal maintenance case.
Q: How Many Years Do You Have to Be Married to Get Spousal Maintenance in New York?
A: New York does not have a specific amount of time that a couple must be married before either spouse qualifies for spousal maintenance. The formula to calculate spousal maintenance allows for less than a year of marriage; however, the odds of earning spousal maintenance are minimal in that time. The longer a couple is married, the more likely spousal maintenance will be awarded.
Consult a New York Spousal Support Attorney
If you are facing a divorce or already have a spousal maintenance agreement in place, you may have questions about what you may qualify for, what you may need to pay, or how to modify current payments. No matter what questions you have, Trotto Law Firm, P.C., can answer your questions. Contact our offices today and let our attorney help you make sense of New York alimony.
