New York Alimony Calculator (2026 Maintenance Guidelines)
New York calculates alimony — called maintenance — with a statutory two-formula system under Domestic Relations Law § 236(B). Which formula applies depends on whether the paying spouse is also paying child support, and guideline maintenance is only calculated on income up to a statutory cap that adjusts for inflation. This calculator runs both the formula and the statutory backstop, exactly as a New York court would for income under the cap.
Reviewed 2026-08-27 · Estimates only — not legal or financial advice.
How New York calculates it
- Without child support: 30% of the payer's income minus 20% of the payee's income.
- With the payer also paying child support: 20% of the payer's income minus 25% of the payee's income.
- Backstop: the award can never bring the recipient above 40% of the combined income — the guideline is the lesser of the two results.
- Only income up to the statutory cap ($241,000 of the payer's income as of March 1, 2026, adjusted every two years) enters the formula; courts may award more on the excess after weighing the statutory factors.
- Duration is advisory: 15–30% of the marriage length for marriages up to 15 years, 30–40% for 15–20 years, and 35–50% for marriages over 20 years.
Worked example
A 10-year marriage, no child support: the payer grosses $120,000, the recipient $40,000. Formula: 30% × $120,000 − 20% × $40,000 = $36,000 − $8,000 = $28,000. Backstop: 40% × $160,000 − $40,000 = $24,000. The guideline is the lesser — $24,000/year (about $2,000/month) — for an advisory 18 to 36 months (15–30% of the marriage).
Frequently asked questions
Is the New York maintenance formula binding?
For income under the cap, the guideline amount is presumptive — the court must order it unless it finds the result unjust or inappropriate and explains why in writing. Above the cap, the amount is discretionary.
What's the difference between temporary and post-divorce maintenance?
Temporary (pendente lite) maintenance is paid while the divorce is pending and uses the same formulas with its own income cap. This calculator estimates post-divorce maintenance, the amount that continues after the judgment.
Does the formula change if we have children?
Yes, materially. When the maintenance payer is also the child-support payer, the guideline drops to 20% of payer income minus 25% of payee income — and maintenance is calculated first, before child support.
When does maintenance end?
At the end of the ordered term, or earlier upon either party's death or the recipient's remarriage. Retirement of the payer can also justify a modification.
Is maintenance taxable in New York?
Federally, no — for post-2018 divorces the payer gets no deduction and the recipient reports no income. New York State, however, still follows the old rules for state income tax: deductible to the payer, taxable to the recipient.