New York uses a guideline formula for temporary spousal support and a multi-factor analysis for permanent support. Understand your eligibility, estimated amount, and likely duration under DRL §236 B(5-a) (temporary), §236 B(6) (post-divorce).
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Temporary support in New York is calculated using a guideline formula during the divorce proceedings to maintain the financial status quo.
Formula A (with child support): 20% of payor income minus 25% of payee income, capped at 40% of combined income minus payee income. Formula B (without child support): 30% of payor income minus 20% of payee income, same cap. Payor income cap: $241,000 (eff. 3/1/2026).
Permanent (long-term) support in New York is determined by a statutory multi-factor analysis under DRL §236 B(5-a) (temporary), §236 B(6) (post-divorce). The court weighs the following factors to arrive at a fair support amount and duration. Unlike the temporary formula, there is no mathematical calculation for permanent support — it is a discretionary determination by the judge based on the totality of the circumstances.
The types of spousal support available in New York include: Temporary (pendente lite), Post-divorce maintenance. The type ordered depends on the length of the marriage, each spouse's financial situation, and the supported spouse's ability to become self-supporting.
Primary statute: DRL §236 B(5-a) (temporary), §236 B(6) (post-divorce)
The court considers these 13 statutory factors when determining the amount and duration of spousal support:
Standard of living established during marriage
Income and property of each party
Duration of the marriage and age and health of both parties
Present and future earning capacity
Reduced earning capacity due to homemaker role
Presence of children and their needs
Tax consequences
Wasteful dissipation of marital property
Pre-separation transfers without fair consideration
Contributions to the other spouse's career or earning capacity
Acts of domestic violence
Loss of health insurance and retirement benefits
Any other factor the court finds just and proper
Advisory schedule: 0–15 years of marriage = 15–30% of marriage length; 15–20 years = 30–40%; 20+ years = 35–50%.
Duration is one of the most heavily litigated aspects of spousal support. The length of the marriage is the single most important factor in most cases, but the court also considers the supported spouse's age, health, job skills, and the time needed to acquire education or training for appropriate employment.
Automatic Orders (DRL §236 B(2)) freeze assets upon filing — both parties restrained from transfers.
Enhanced earning capacity from degrees/licenses is NOT marital property (2016 reform), but contributions to it ARE a factor.
Active appreciation of separate property is marital; passive appreciation remains separate.
Majauskas formula for pension division.
NY public pensions (NYCERS, NYSTRS, ERS) require DRO, not QDRO.
3/1/2026: CSSA income cap updated to $193,000; maintenance payor income cap updated to $241,000. Ch. 673, Laws 2025: separation agreement ground reduced from 1 year to 6 months.
Find out if you qualify, how much you might receive (or pay), and for how long.
Residency Requirement
Multiple pathways under DRL §230: 2 years continuous, 1 year with nexus, or both residents
Mandatory Waiting Period
No mandatory waiting period
No-Fault Ground
Irretrievably broken for 6+ months (DRL §170(7))
State Income Tax
Progressive 4% to 10.9%, plus NYC tax of 3.078–3.876% if applicable
New York Child Support Calculator
CSSA percentage of combined parental income under DRL §240(1-b), FCA §413 (Child Support Standards Act)
New York Property Division Calculator
No 50/50 presumption — equitable distribution with complete judicial discretion based on 15 statutory factors
New York Divorce Settlement Calculator
Complete 8-chapter divorce analysis for New York
New York uses a formula for temporary spousal support: Formula A (with child support): 20% of payor income minus 25% of payee income, capped at 40% of combined income minus payee income. Formula B (without child support): 30% of payor income minus 20% of payee income, same cap. Payor income cap: $241,000 (eff. 3/1/2026). For permanent support, the court applies a multi-factor analysis under DRL §236 B(5-a) (temporary), §236 B(6) (post-divorce).
New York recognizes the following types of spousal support: Temporary (pendente lite), Post-divorce maintenance. The type awarded depends on the length of the marriage, the financial needs of the requesting spouse, and the ability of the other spouse to pay.
Advisory schedule: 0–15 years of marriage = 15–30% of marriage length; 15–20 years = 30–40%; 20+ years = 35–50%.
Yes. Spousal support orders in New York can generally be modified if there is a material change in circumstances, such as a significant change in either party's income, retirement, cohabitation of the supported spouse, or other qualifying events as defined by statute.
Get a personalized spousal support analysis based on New York's actual statutory framework.
Start My Free New YorkEstimate →This tool provides educational estimates based on New York family law and does not constitute legal advice. Spousal support calculations are estimates and may differ from court-ordered amounts. Consult a licensed New York family law attorney before making decisions. Primary statute: DRL §236 B(5-a) (temporary), §236 B(6) (post-divorce).