Alimony (spousal support) in New York is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in New York, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding New York’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against New York family law statutes as of May 2026.
In This New York Alimony Guide:
Types of Alimony in New York
New York courts may award the following types of alimony:
- Temporary maintenance (pendente lite
- during divorce proceedings)
- Post-divorce durational maintenance (fixed period)
- Post-divorce non-durational/permanent maintenance (indefinite
- for spouses unlikely to become self-sufficient due to age
- health
- or disability). New York uses the term “maintenance” rather than “alimony.”
How New York Calculates Alimony
New York uses a guideline formula for calculating alimony: New York has two guideline formulas under DRL 236(B)(5-a). When the payor also owes child support: (20% x payor income) minus (25% x payee income). When no child support is owed: (30% x payor income) minus (20% x payee income). The result is then compared to a second calculation: 40% of combined income minus the payee’s income. The LOWER of the two amounts is the guideline maintenance award. The formula applies only to the payor’s income up to the income cap of 241000 per year (effective March 1, 2026). For income above the cap, the court may award additional maintenance based on statutory factors. The guideline amount cannot reduce the payor’s income below the self-support reserve of 21546 (effective March 1, 2026). The federal poverty level income for a single person is 15960 (effective March 1, 2026). The advisory duration schedule multiplies the length of marriage by a percentage: 15%-30% for marriages of 0-15 years, 30%-40% for marriages of 15-20 years, 35%-50% for marriages over 20 years.
New York courts consider these factors when determining alimony:
- When deviating from the guideline amount or setting duration
- courts consider 15 factors under DRL 236(B)(6)(e)(1): (1) Age and health of the parties; (2) Present or future earning capacity of the parties
- including a history of limited participation in the workforce; (3) Need of one party to incur education or training expenses; (4) Termination of a child support award before the termination of the maintenance award; (5) Wasteful dissipation of marital property
- including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration; (6) The existence and duration of a pre-marital joint household or a pre-divorce separate household; (7) Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment
- including acts of domestic violence; (8) The availability and cost of medical insurance for the parties; (9) 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; (10) The tax consequences to each party; (11) The standard of living of the parties established during the marriage; (12) The reduced or lost lifetime earning capacity of the payee as a result of having forgone or delayed education
- training
- employment
- or career opportunities during the marriage; (13) The equitable distribution of marital property and the income or imputed income on the assets so distributed; (14) 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; (15) Any other factor which the court shall expressly find to be just and proper.
Income disparity: YES. The guideline formula inherently addresses income disparity by calculating the difference between percentages of each party’s income. If the formula produces a zero or negative result, no guideline maintenance is owed. Additionally, the guideline amount cannot reduce the payor’s income below the self-support reserve (21546 as of March 2026). The court may also consider income disparity as part of the 15 statutory factors when deviating from the guideline amount.
Vocational evaluation: YES. New York courts permit and use vocational evaluations to assess a spouse’s employability and earning capacity, particularly for unemployed or underemployed spouses. Evaluations include vocational diagnostic interviews, work and transferable skills analyses, and vocational testing. Courts use these to impute income to a spouse who is voluntarily unemployed or underemployed. Earning capacity is one of the 15 statutory factors (factor 2). Evaluations typically cost 2500-5000 per evaluation.
New York Alimony Duration Guidelines
Yes. New York uses an advisory schedule for post-divorce maintenance duration based on length of marriage: marriages of 0-15 years warrant maintenance for 15%-30% of the marriage length; marriages of 15-20 years warrant 30%-40% of the marriage length; marriages over 20 years warrant 35%-50% of the marriage length. The schedule is advisory, not mandatory, and courts may deviate based on the 15 statutory factors.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under 0-15 years (lowest duration percentage range of 15%-30% of marriage length)) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (Over 20 years (highest duration percentage range of 35%-50% of marriage length; permanent/non-durational maintenance may also be awarded)+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES. Non-durational (permanent) maintenance is available when the recipient spouse is unlikely to achieve financial self-sufficiency due to factors such as age, health, or disability. Courts have discretion to award maintenance for longer than the advisory guideline duration based on the 15 statutory factors.
Modifying & Terminating New York Alimony
Modification: YES. Maintenance may be modified upon showing: (1) a substantial change in circumstances, (2) at least three years have passed since the order was entered or last modified, OR (3) there has been at least a 15% change in either spouse’s income. Meeting any one of these triggers is sufficient to petition for modification. The court retains jurisdiction to modify unless the agreement explicitly states maintenance is non-modifiable.
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Cohabitation: Yes. If the recipient spouse habitually lives with another person and holds themselves out as a married couple, the payor may petition to terminate maintenance. The payor must prove cohabitation and demonstrate that the recipient’s financial need has materially decreased. Cohabitation requires more than an occasional overnight guest — it must be habitual cohabitation in a relationship resembling marriage.
Remarriage: Yes. Remarriage of the recipient spouse automatically terminates maintenance by operation of law, unless the divorce agreement or court order specifically provides otherwise. If the payor continues paying after the recipient’s remarriage without knowledge, the payor can petition to recover all payments made after the date of the new marriage.
Retirement: The payor’s good-faith retirement at a reasonable age that results in a documented, substantial reduction in income constitutes a valid ground for seeking modification or termination of maintenance. The court evaluates whether the retirement was in good faith (not solely to avoid maintenance), whether retirement age is reasonable, and whether the reduced income constitutes a substantial change in financial circumstances.
Tax Implications of New York Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all New York divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on New York Alimony
Adultery: Generally does NOT affect maintenance awards. New York’s maintenance statute (DRL 236(B)) does not include marital fault as a factor in calculating maintenance. The 2015 Maintenance Guidelines Act formula is based on income, not conduct. Only in the rarest cases where conduct rises to the level of “egregious” — defined as misconduct “so egregious or uncivilized as to bespeak of a blatant disregard of the marital relationship” that “shocks the conscience” of the court — could it potentially become a factor. Adultery alone has been held NOT to meet this threshold.
Other marital misconduct: Generally not considered in maintenance calculations. New York follows a no-fault approach to maintenance. The only exception is for truly “egregious” conduct that shocks the conscience of the court, which has been limited to cases involving extreme violence that imperils human life and bodily integrity. Acts of domestic violence are specifically listed as one of the 15 statutory factors (factor 7) that courts consider. Conduct such as adultery, alcoholism, abandonment, and verbal harassment have been found NOT to constitute egregious fault.
Additional New York rules: (1) New York uses the term “maintenance” rather than “alimony” in all statutes and court forms. (2) The Maintenance Guidelines Act, signed September 25, 2015 and amended in 2016, replaced the prior need-based analysis with the current income formula for both temporary and post-divorce maintenance. (3) The income cap is adjusted biennially — current cap is 241000 effective March 1, 2026 through 2028 (increased from 228000). (4) New York state tax treatment DIFFERS from federal: maintenance is still deductible by payor and taxable to recipient at the state level under Tax Law 612(w), even though the 2018 federal TCJA eliminated the federal deduction for post-2018 agreements. (5) The self-support reserve (21546 as of March 2026) ensures the payor retains enough income to meet basic needs. (6) For income above the cap, courts have discretion to award additional maintenance based on the 15 statutory factors — there is no formula for above-cap income. (7) Courts must state on the record their reasons for deviating from the guideline amount. (8) Temporary maintenance ends upon the earlier of the final judgment of divorce or the death of either party.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- New York Alimony Statute: New York Domestic Relations Law (DRL) Section 236(B), specifically: subsection 5-a (temporary maintenance guidelines and formula), subsection 6 (post-divorce maintenance, including the 15 factors at 6(e)(1) and the advisory duration schedule at 6(f))
Last verified May 2026. Contact us if you notice outdated information.