By Brian Figeroux, Esq. 

Alimony, also known as spousal maintenance in New York, is financial support paid by one spouse to the other after a divorce or legal separation. It is intended to help the lower-earning spouse maintain a reasonable standard of living and transition to financial independence.

New York uses a formula-based system to calculate alimony, but courts also have discretion to adjust payments based on individual circumstances. This article provides a detailed analysis of how alimony is calculated in New York, the factors that influence it, and how long payments may last.

1. Types of Alimony in New York

New York has three main types of spousal maintenance:

1. Temporary Maintenance

• Paid while the divorce case is pending.
• Ensures the lower-earning spouse can cover basic expenses before the divorce is finalized.

1. Post-Divorce Maintenance

• It begins after the divorce is finalized.
• It can be short-term or long-term, depending on the case.

1. Rehabilitative Maintenance

• Awarded to help a spouse gain education, job training, or employment to become self-sufficient.
• Often used in cases where one spouse gave up a career to support the marriage.

Courts determine the amount and duration of spousal maintenance based on legal formulas and individual circumstances.

2. How Is Alimony Calculated in New York?

New York uses statutory formulas to calculate temporary and post-divorce maintenance. The amount depends on both spouses’ incomes and financial obligations.

Step 1: Determine Each Spouse’s Income

The court considers gross income from all sources, including:

• Wages and salaries
• Bonuses and commissions
• Business income
• Investment earnings
• Rental income
• Retirement benefits

If a spouse intentionally earns less to reduce alimony, courts may impute income based on their earning capacity.

Step 2: Apply the Formula

New York law provides two formulas for calculating maintenance:

1. If the paying spouse does NOT pay child support to the recipient spouse: 
   • Alimony = 30% of the higher-earning spouse’s income – 20% of the lower-earning spouse’s income.
2. If the paying spouse DOES pay child support to the recipient spouse: 
   • Alimony = 20% of the higher-earning spouse’s income – 25% of the lower-earning spouse’s income.

Step 3: Apply the Income Cap

As of 2024, the income cap for alimony calculations is $203,000.

• If a spouse earns above $203,000, the formula applies only to income up to that limit.
• Courts have discretion to adjust payments for income beyond the cap.

Step 4: Adjustments Based on Additional Factors

After applying the formula, the court reviews other factors to determine if the alimony amount should be increased or decreased.

3. Factors That Influence Alimony Amounts

While the formula provides a baseline calculation, courts adjust maintenance based on multiple factors, including:

1. Length of the Marriage

• Short-term marriages (0–10 years) → Alimony may be minimal or short-term.
• Medium-term marriages (10–20 years) → Alimony is more common and lasts longer.
• Long-term marriages (20+ years) → Long-term or even lifetime alimony may be awarded.

1. Standard of Living During the Marriage

• If a couple lived a high-income lifestyle, the court may order higher alimony to maintain that standard.

1. Each Spouse’s Age and Health

• Older or disabled spouses may receive longer alimony payments if they cannot work.

1. Earning Capacity and Job Prospects

• Courts consider whether a spouse can become financially independent.
• If one spouse sacrificed their career to raise children, they may receive higher maintenance.

1. Contributions to the Marriage

• Non-financial contributions (e.g., raising children, homemaking, or supporting a spouse’s career) can increase alimony.

1. Property Division and Financial Resources

• If one spouse receives a large share of marital assets, alimony may be reduced.

1. Child Custody and Support

• If one spouse has primary custody, they may receive more alimony to help with living expenses.

1. Economic Misconduct

• If one spouse wasted marital assets (e.g., gambling or reckless spending), the court may adjust maintenance accordingly.

4. How Long Does Alimony Last in New York?

The duration of post-divorce maintenance is based on the length of the marriage:

• 0–15 years of marriage → Alimony lasts 15% to 30% of the marriage duration.
• 15–20 years of marriage → Alimony lasts 30% to 40% of the marriage duration.
• 20+ years of marriage → Alimony lasts 35% to 50% of the marriage duration.

Example: If a couple was married for 10 years, alimony may last between 1.5 to 3 years.

Can Alimony Be Permanent?

In rare cases, courts award lifetime maintenance if:

• The recipient spouse is elderly or disabled.
• The recipient sacrificed career opportunities to support the marriage.

However, courts generally encourage self-sufficiency, so permanent alimony is uncommon.

5. Can Alimony Be Modified or Terminated?

Yes. Alimony payments can be adjusted or stopped if circumstances change.

When Can Alimony Be Modified?

• If the paying spouse loses their job or suffers a financial hardship.
• If the recipient spouse’s income increases significantly.
• If the recipient spouse fails to seek employment or education as expected.

When Does Alimony Automatically End?

• If the recipient spouse remarries.
• If either spouse dies.
• If the court-ordered term of alimony expires.

Courts do not automatically adjust alimony—either spouse must file a request for modification.

6. Can Spouses Agree on Their Own Alimony Terms?

Yes. Spouses can negotiate alimony in a settlement agreement, instead of relying on court calculations.

• Mediation and negotiation allow for more flexibility.
• Courts usually approve agreements, as long as they are fair and voluntary.

However, if spouses cannot agree, the judge will apply the legal formulas and factors.

7. Conclusion

Alimony in New York is calculated using a statutory formula, but courts adjust payments based on individual circumstances.

Key Takeaways:

• Temporary maintenance is paid during the divorce.
• Post-divorce maintenance is based on income, marriage length, and financial need.
• Formula calculations apply up to $203,000 of income, but courts can adjust for higher incomes.
• Factors like career sacrifices, health, and earning capacity influence the final award.
• Alimony typically lasts for a percentage of the marriage length but can be modified or terminated under certain conditions.

Because every case is unique, consulting a divorce attorney is the best way to ensure fair alimony calculations and agreements.

 

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