Alimony Calculator - New York

Domestic Relations Law § 236 B(6) establishes presumptive post-divorce maintenance formulas, duration advisories, and deviation factors. Courts must make findings whether to apply or deviate from the presumptive amount. The statute’s income definitions and caps must be read carefully with updated figures.

Domestic Relations Law § 236 B(5-a) provides formulas courts use for temporary maintenance during the action, with rules selecting among approaches depending on the facts and timing. Temporary orders can differ materially from final Domestic Relations Law § 236 B(6) awards. Always compare both sections when modeling cash flow during litigation.

Yes. Domestic Relations Law § 236 B(6)(e) lists deviation factors including income and property of the parties, needs of children, tax consequences, wasteful dissipation, and equitable distribution of marital property. The court must explain deviations in writing when departing from the presumptive amount.

Domestic Relations Law § 236 B(6)(c) provides advisory duration ranges expressed as percentages of the marriage length for post-divorce maintenance within defined marriage-length bands. Courts consider these advisories alongside deviation factors; they are not identical to a fixed rule in every case.

Domestic Relations Law § 236 B(6)(a)-(b) define income for payor and payee, incorporating statutory adjustments and exclusions such as child support. Self-employment, bonuses, and deferred compensation disputes require forensic detail. Imputation may arise where income is understated.

Post-judgment modification requires a substantial change in circumstances and compliance with procedural rules for motions in Supreme Court. Some agreements waive modification for certain terms—read your stipulation. Retirement, health changes, and income loss are common bases when supported by proof.

Federal tax treatment depends on instrument date and modification language under post-TCJA rules. New York tax conformity questions should be reviewed with a tax professional. Do not assume deductibility based on older templates.

Supreme Court is the court of original jurisdiction for matrimonial actions under New York law, not Family Court for the divorce itself. Maintenance is decided alongside equitable distribution in the matrimonial action subject to statewide Domestic Relations Law § 236 Part B rules.