Spousal Maintenance (Alimony) in NY: How Courts Determine Amount and Duration

What Is Spousal Maintenance?

Spousal maintenance, formerly called alimony, is financial support paid by one spouse to the other after divorce. In New York, maintenance is designed to help the lower-earning spouse maintain a reasonable standard of living and become self-supporting when possible.

Maintenance Calculation Guidelines

New York uses statutory formulas for maintenance calculations, considering:

• Income of both spouses

• Length of marriage

• Age and health of each spouse

• Earning capacity and employability

• Standard of living during marriage

• Contributions to the marriage (financial and non-financial)

Duration of Maintenance

Maintenance duration depends on marriage length:

• Marriages under 15 years: 15-30% of marriage length

• Marriages 15-20 years: 30-40% of marriage length

• Marriages over 20 years: 35-50% of marriage length or permanent

Factors That May Modify Maintenance

• Significant change in income

• Remarriage of recipient

• Retirement

• Change in health

• Cohabitation with new partner

Tax Implications

Under current law, maintenance payments are generally not deductible by the payor and not taxable to the recipient. Tax treatment should be discussed with a tax professional.

FAQ

Q: Can maintenance be waived? A: Yes, through prenuptial or postnuptial agreements, or by mutual agreement during divorce.

Q: Is maintenance the same as child support? A: No. Maintenance is spousal support, separate from child support obligations.

Q: Can maintenance be modified after divorce? A: Yes, if there is a substantial change in circumstances warranting modification.

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About the Author

Catherine L. Dominici, Esq. is a highly experienced Matrimonial & Family Law attorney in Stony Brook, NY. Admitted to practice since 2010, she specializes in divorce, child custody, support, prenuptial/postnuptial agreements, and complex asset division. Known for her compassionate representation, deep knowledge of New York's court system, and dedication to achieving favorable outcomes while reducing client stress.