presumptive guideline New York uses a two‑part formula for temporary maintenance; post‑divorce follows same advisory formula but with judicial discretion. The amount is the lesser of two calculations [citation:3][citation:10]:
Then the result is compared to the self‑support reserve ($21,128/year in 2026) to ensure payor retains enough for basic needs [citation:3].
Based on guideline formula (temporary maintenance presumptive amount):
biennial update Effective March 1, 2026, the statutory income cap for maintenance is $241,000 (up from $228,000) [citation:5][citation:9]. This cap applies to the payor's income only (not combined) for the presumptive formula.
For child support, the combined parental income cap is $193,000 (2026‑2028) [citation:5].
📌 Manhattan/Brooklyn courts often consider income above the cap due to high cost of living, but are not required to apply the formula to excess [citation:8].
Paid during divorce proceedings. The formula above is presumptive; courts rarely deviate [citation:10]. Ends when final divorce is granted [citation:6].
After divorce, courts use the same formula as an advisory guideline, but must consider statutory factors (§236B) to determine amount and duration. The payee's need and marital lifestyle weigh heavily [citation:2][citation:7].
percentage ranges New York provides advisory duration ranges based on marriage length (DRL §236B(6)(e)): [citation:3][citation:6][citation:7]
⚠️ Example: 16‑year marriage → duration could be 30‑40% = 4.8 to 6.4 years. Courts may deviate based on health, caregiving, or employability [citation:7].
Lifetime (non-durational) maintenance is rare but possible in extremely long marriages or where payee cannot become self‑supporting due to age/disability [citation:1][citation:6].
Using the guideline formula with 2026 income cap:
Court may consider additional income above $241k (discretionary). In Manhattan, judges often apply formula to full income due to high cost of living [citation:8].
Typical NYC range: $3,000‑$6,000/month for high earners, with duration 5‑10 years depending on marriage length.
Demo: $300k / $50k income, 18yr Marriage, Manhattan
NY formula (cap $241k) → ~$3,183/month guideline.
If court applies full income (discretion): 20%×300k − 20%×50k = 60k−10k = $50k/yr ($4,167/mo).
Duration: 18yr marriage → 30‑40% = 5.4 to 7.2 years.
Compare Florida (35% net gap, ~$4,000‑4,500/mo, duration up to 60% = 10.8yrs max).
Compare Texas (20% gross/$5k cap, ~$4,000/mo, duration max 7yrs).
NY offers lower monthly but longer duration than TX, similar duration to FL but formula-driven.
💡 NY insight: Precise formula reduces uncertainty, but income cap means high earners may pay less than in FL. Manhattan/Brooklyn often apply above‑cap discretion.
✅ Formula: 20%/30% − 20% (capped at $241k payor)
✅ Duration: 15‑50% of marriage (advisory)
✅ Self‑support reserve: $21,128
✅ Post‑2018 tax: not deductible
✅ Lifetime maintenance: rare but possible
🔵 Guideline: 35% net income gap (no cap)
🔵 Duration: 50/60/75% of marriage (max)
🔵 No permanent alimony (post‑2023)
🔵 Bridge‑the‑gap available
🔴 Cap: 20% gross / $5,000 max
🔴 Duration: 5/7/10 yrs strict caps
🔴 Must meet 10yr/DV/disability
🔴 No permanent except disability
residency rules To file for divorce in NY: either party must have resided in NY for at least 2 years continuously before filing, or 1 year if: (1) marriage took place in NY, or (2) parties resided in NY as married, or (3) cause of action arose in NY [citation:2].
If moving from FL/TX: The state where the petition is first served generally retains jurisdiction. Moving after service won't automatically erase existing support orders. Consult a Manhattan or Brooklyn family lawyer before relocating.
Asset protection in NY: New York is an equitable distribution state. Marital property includes all assets acquired during marriage (except gifts/inheritance). Courts consider contributions, length, and may award more to spouse with lower support [citation:2][citation:4].
🔎 If you're planning to move to NYC (Manhattan/Brooklyn/Nassau), speak with a local family law attorney before filing.
Using a presumptive formula: 20% of payor's income − 20% of payee's income (if no child support), or 30% − 20% (if payor pays child support), then compare to 40% of combined − payee's income, and take the lesser. Income is capped at $241,000 for the payor (2026‑2028) [citation:3][citation:5].
Advisory duration ranges: 15‑30% of marriage (0‑15yrs), 30‑40% (15‑20yrs), 35‑50% (20+yrs). Courts may adjust based on health, caregiving, or employability [citation:6][citation:7].
$241,000 for the payor spouse (effective March 1, 2026). Income above this cap is discretionary; courts may consider it based on marital lifestyle and factors [citation:5][citation:9].
For divorces after 2018, maintenance is not deductible by the payor and not taxable to the recipient under federal law. However, New York State tax rules treat maintenance as deductible to payor and taxable to recipient through modification adjustments [citation:8].
Yes, after 3 years or upon substantial change in circumstances (≥15% income change, loss of job, disability, cohabitation) [citation:6][citation:8].
Adultery is a ground for divorce, but it does not automatically bar maintenance. It may be considered if it impacted finances (wasteful dissipation) [citation:2][citation:6].
New York spousal maintenance information compiled from NY Domestic Relations Law §236B, 2026‑2028 income cap updates (eff. March 1, 2026), New York City family court practices (Manhattan, Brooklyn, Queens, Nassau), and ICLG USA – New York 2026. Figures are illustrative. Always consult a New York family law attorney for your specific situation.
📌 Post‑2018 tax rule: alimony not deductible for payer, not taxable to recipient under federal TCJA; NYS follows different treatment for state taxes [citation:8].