New York Alimony Calculator (2026)

New York calls alimony maintenance and sets a presumptive amount with two formulas, applied to the payor's income up to a cap of $241,000 since March 1, 2026. Enter both incomes and the length of the marriage to see the guideline amount and the advisory duration range.

Figures reviewed September 29, 20263 primary sources

Estimated monthly maintenance

$1,385per month

Paid by the higher earner (payor) to the payee.

Per year: $16,623
Suggested duration: 1.8 to 3.6 years (advisory)

How we got there

Payor income after FICA	$110,820
Payee income after FICA	$46,175
Formula A: 30% of payor income minus 20% of payee income	$24,011
Formula B: 40% of combined income minus payee income	$16,623
Guideline annual maintenance (lower of A and B)	$16,623

The duration schedule is advisory; courts also weigh the statutory factors and the payee's ability to become self-supporting.
Income follows the CSSA definition: gross income less FICA and, where applicable, city tax and support paid under other orders.

Standing assumptions

Formulas from Domestic Relations Law section 236(B)(5-a) and (6), with the $241,000 payor income cap effective March 1, 2026.
Advisory duration schedule from section 236(B)(6)(f).

Estimate only. Not legal advice.

Key 2026 numbers for New York

Payor income cap: $241,000; Effective March 1, 2026 through February 28, 2028; up from $228,000.
With child support: 20% minus 25%; 20% of payor income minus 25% of payee income, when the payor is also the non-custodial parent.
Without child support: 30% minus 20%; 30% of payor income minus 20% of payee income.
Second formula: 40% minus payee; 40% of combined income minus the payee's income; the lower result controls.

The two formulas

Domestic Relations Law section 236(B)(5-a) governs temporary maintenance during the case, and section 236(B)(6) governs post-divorce maintenance. Both use the same calculation. When the payor is also paying child support as the non-custodial parent, formula A is 20% of the payor's income minus 25% of the payee's income. Otherwise formula A is 30% of the payor's income minus 20% of the payee's. Formula B is 40% of the parties' combined income minus the payee's income. The guideline amount is the lower of the two, and it is zero if that figure is negative.

Income follows the CSSA definition used for child support: gross income as reported on the latest tax return, less FICA, New York City or Yonkers income tax, and maintenance or child support actually paid under other orders.

Income above the cap

The formulas apply to the payor's income up to the cap, which is indexed every two years and stands at $241,000 for orders from March 1, 2026. Above the cap the court decides whether to award additional maintenance based on the statutory factors: the parties' age and health, present and future earning capacity, the need to train or educate a party, caring for children or disabled family members, acts that inhibited earning capacity, the availability of health insurance, tax consequences, the standard of living during the marriage, wasteful dissipation of assets, and any other just factor.

How long post-divorce maintenance lasts

Section 236(B)(6)(f) gives an advisory schedule tied to the length of the marriage: 15% to 30% of the marriage length for marriages up to 15 years, 30% to 40% for marriages over 15 and up to 20 years, and 35% to 50% for marriages over 20 years. The court may award maintenance for a longer or shorter period, or for an indefinite duration, after considering the factors, and it also considers time spent out of the workforce and retirement.

Maintenance ends on the death of either party or the remarriage of the recipient, and courts can modify it on a substantial change in circumstances. Temporary maintenance ends when the final judgment is entered.

Deviations

The guideline amount is presumptive, but the court can deviate if it finds the result unjust or inappropriate, provided the order states the guideline amount, the factors considered, and the reasons for the deviation. Parties can also agree to a different amount in a validly executed settlement agreement that recites the guideline calculation.

Worked example

The payor earns $120,000 a year and the payee $50,000; there is no child support order.
After FICA the incomes are about $110,820 and $46,175.
Formula A: 30% of $110,820 minus 20% of $46,175 = $33,246 minus $9,235 = $24,011.
Formula B: 40% of $156,995 minus $46,175 = $62,798 minus $46,175 = $16,623.

The lower figure controls: about $16,623 per year, or $1,385 per month, for an advisory 1.8 to 3.6 years after a 12-year marriage.

New York alimony questions

Is the New York maintenance formula mandatory?

It sets a presumptive amount up to the income cap. Courts can deviate with written reasons, and parties can agree to different terms in a settlement that acknowledges the guideline.

Which cap applies, $193,000 or $241,000?

The $241,000 figure is the cap on the payor's income for maintenance. The $193,000 figure is the cap on combined parental income for child support. Both took effect March 1, 2026.

Is maintenance calculated before or after child support?

Maintenance is calculated first. The maintenance paid is then deducted from the payor's income and added to the payee's income when computing child support.

Is New York maintenance taxable?

For agreements or judgments executed after 2018, maintenance is not deductible by the payor or taxable to the recipient for federal purposes. New York State conformed to the federal rule.

Sources

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