In New York, spousal maintenance is financial support that one spouse may have to pay the other after separation or divorce. It is not automatic. The courts decide whether it is appropriate and, if so, how much should be paid and for how long.
Below is an explanation of how spousal maintenance is calculated.
The standard formula
New York uses a formula to calculate temporary and post-divorce maintenance. The formula considers the income of both spouses. If the paying spouse earns more, the calculation uses a percentage of both incomes to find a fair amount. The formula also has an income cap, which is currently $228,000. Courts may consider income above the cap, but it is not required.
There are two versions of the formula. One applies when the paying spouse is also paying child support. The other is used when there is no child support. Each version leads to a suggested maintenance amount, but judges can adjust it if needed.
How final amounts are decided
Judges do not rely on the formula alone. They look at several factors to make a final decision. These include:
- The length of the marriage
- Each person’s age and health
- Earning ability and education
- The standard of living during the marriage
- The need for one spouse to get training or education
The courts aim to make sure the lower-earning spouse can meet basic needs while becoming self-supporting.
How long does spousal maintenance last?
The length of maintenance often depends on how long the marriage lasted. For short marriages, payments may last for a short time. For longer marriages, they may last several years. In rare cases, it can be permanent. Judges have the flexibility to decide what is fair in each case. If you are going through a divorce, it’s essential to have the right legal support behind you.