New York Maintenance Calculator — The Statutory Formula

New York calculates temporary and post-divorce maintenance (alimony) with a statutory formula — Domestic Relations Law § 236-B. Courts can deviate, but the formula sets the presumptive number, and every negotiation starts from it. This calculator applies the statute.

NY Maintenance Calculator (DRL 236-B)

The guideline maintenance amount will appear here.

How the Formula Works

  • Without child support flowing to the payee: the guideline is the lower of (a) 30% of the payor's income minus 20% of the payee's income, or (b) 40% of combined income minus the payee's income.
  • Where the payor also pays child support to the payee: the guideline is the lower of (a) 20% of the payor's income minus 25% of the payee's income, or (b) the same 40% combined calculation.
  • The payor's income above the statutory cap is not run through the formula — for income above the cap, the court decides based on the statutory factors.
  • If the math produces zero or a negative number, guideline maintenance is $0.

How Long Maintenance Lasts

The statute gives an advisory duration schedule based on the length of the marriage: 15–30% of the marriage length for marriages up to 15 years; 30–40% for 15 to 20 years; 35–50% for marriages over 20 years. Courts weigh the statutory factors in choosing within (or outside) those ranges.

This is the guideline calculation only — deviations, income above the cap, imputed income, and tax treatment are exactly where cases are won and lost. See also our guides to the New York City Family Courts, including Manhattan and Brooklyn.

Negotiating Maintenance in a New York Divorce?

We compute the guideline number, fight over what counts as income, and litigate deviations — for payors who are being overcharged and payees who are being shortchanged. The formula is the start of the argument, not the end.

Attorney Albert Goodwin

About the Author

Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience handling divorce, child custody, support, and matrimonial matters in New York City. He can be reached at 212-233-1233 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

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