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.
Alimony Calculator - New York
Reviewed by TheLegalCalc Editorial Team | Last updated: April 2026
Sources: U.S. Department of Labor | IRS | State Bar Associations
Estimate spousal support payments in New York based on income difference and length of marriage. Free New York alimony calculator.
Content last reviewed: April 2026
Legal data verified: March 2026•Sources: DOL | NCSL | State Courts•Next review: January 2027
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New York maintenance (often called spousal support) for divorces commenced on or after certain dates is primarily governed by Domestic Relations Law § 236 Part B, including temporary maintenance...
New York alimony laws: what you need to know
New York City’s five boroughs (New York, Kings, Queens, Bronx, Richmond) feature specialized matrimonial parts with intensive scheduling orders and expert-heavy trials on income. Suburban Nassau and Suffolk counties see similar complexity with higher housing-cost narratives. Buffalo, Rochester, and Syracuse upstate courts may move cases on different mediation timelines but apply the same Domestic Relations Law § 236 Part B standards.
Westchester and Rockland filings often involve cross-border Connecticut employment and commuter tax issues that affect net cash available for maintenance. Albany capital-region cases sometimes intersect with state employee pension tiers. Hudson Valley second-home rental income frequently becomes a discovery battleground for whether rents are passive investment or active self-employment.
Local rules require detailed net worth statements and often impose restrictions on peremptory judicial challenges in matrimonial parts. Conferences with judicial law clerks may resolve guideline disputes before hearings. Failing to update net worth after material changes can prejudice temporary maintenance arguments.
Common mistakes include ignoring the statutory income cap mechanics, mixing up temporary Domestic Relations Law § 236 B(5-a) formulas with post-divorce Domestic Relations Law § 236 B(6) formulas, and omitting deviation findings when asking courts to depart from presumptive amounts. Another error is failing to tie equitable distribution credits to maintenance need after property transfers. Always verify which statutory version applies to the filing date.
Erie, Monroe, and Onondaga counties increasingly use judicial hearing officers for financial disputes, preserving Supreme Court judge time for trials. Long Island courts emphasize real property appraisals concurrent with maintenance conferences. Capital-region state employees often need PEF or CSEA wage schedules attached to motions for accurate imputation baselines.
Matrimonial referees in some downstate parts issue detailed reports on guideline versus deviation recommendations that Supreme Court judges adopt or modify after exceptions. Electronic trial exhibit protocols in NYC parts reward pre-indexed financial binders. Failure to redact tax returns properly can draw privacy sanctions—plan exhibits early.
Brooklyn and Bronx parts sometimes consolidate family offense findings with pendente lite finance calendars—coordinate counsel teams to avoid conflicting narratives. Staten Island maritime union wages need CBA attachments for accurate imputation. Tompkins and Broome Ithaca-Binghamton corridors see university employment contracts with summer salary gaps that affect B(5-a) cash-flow modeling.
Ulster and Dutchess weekend-residence divorces often involve short-term rental income on Airbnb-type platforms; document occupancy limits and mortgage covenants before arguing passive income. Saratoga racing-season hospitality income may be seasonal—use multi-year averages in deviation memos when B(6) presumptions seem harsh.
Frequently asked questions
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.
Legal Disclaimer: The results provided by TheLegalCalc are estimates for informational purposes only and do not constitute legal advice. Laws vary by state and change frequently. Always consult a licensed attorney in your state before making legal decisions.
State-specific legal disclaimer
This New York maintenance estimate is educational only. Domestic Relations Law § 236 B(5-a) and B(6) presumptions, caps, and deviation rules require individualized application. NYC and county practice vary. Consult a New York matrimonial attorney before filing or settling.
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