New York Maintenance Calculator
New York uses a statutory guideline formula (Domestic Relations Law §236(B)(6)) — a “lower of” test. The court may deviate and must address income above the cap using the 15 statutory factors.
Formula
Payor does not also pay child support: guideline = lower of (30% of payor income − 20% of payee income) and (40% of combined income − payee income). Payor does also pay child support: guideline = lower of (20% of payor income − 25% of payee income) and (40% of combined income − payee income). If either result is negative, the guideline is $0.
Cap and self-support reserve — from 1 March 2026
The formula applies to payor income up to $241,000 (up from $228,000), adjusted biennially. Above the cap, any additional maintenance is discretionary on the 15 factors — there is no formula for the above-cap portion. The self-support reserve is $21,546 (federal poverty level for one person $15,960). Under the statutory floor rule, the guideline is limited so the payor is not pushed below the reserve, and there is a rebuttable presumption of no maintenance if the payor is already below it; this calculator shows the unadjusted guideline and flags the reserve rather than silently rewriting the result.
Duration — advisory only
Marriage up to 15 years: 15–30% of marriage length; over 15 to 20 years: 30–40%; over 20 years: 35–50%. Courts may award longer or non-durational maintenance in appropriate cases (for example where a spouse cannot become self-supporting). Maintenance generally ends on recipient remarriage or either spouse's death.
Worked examples
- Payor $150,000, payee $40,000, 10-year marriage, no child support (both under the cap): Test A = 30% × $150,000 − 20% × $40,000 = $37,000. Test B = 40% × $190,000 − $40,000 = $36,000. Guideline = lower = $36,000/year = $3,000/month. Advisory duration: 10 × 15–30% = 1.5–3 years (a range, not a fixed term).
- Same incomes with child support: lower of (20% × $150,000 − 25% × $40,000 = $20,000) and $36,000 = $20,000/year = $1,667/month.
Sources: NY Unified Court System, “What's New in Matrimonial Legislation” 2026 (cap $241,000, reserve $21,546, poverty $15,960 from 1 Mar 2026). UCS 2026 update. Note: the DRL §236 statute text itself was not directly opened for this research; the floor rule is described as the statutory floor rule, not as a UCS-quoted sentence.
How to use this calculator
Enter annual incomes and marriage length (marriage date to commencement). Tick the child-support box only if the payor also pays child support as the noncustodial parent — it changes the first test of the lower-of formula. The formula applies to payor income up to $241,000 from 1 March 2026 (up from $228,000, adjusted biennially). Above the cap, additional maintenance is discretionary on the 15 statutory factors; there is no formula for the above-cap portion. The self-support reserve is $21,546 and the federal poverty level for one person is $15,960 from the same date. Duration is advisory: 15–30% of marriage length for marriages up to 15 years, 30–40% for 15–20 years, and 35–50% for marriages over 20 years.
Additional worked examples
| Payor / payee income | Child support? | Calculation | Result |
|---|---|---|---|
| $200,000 / $50,000 | No | Test A: 30% × $200,000 − 20% × $50,000 = $50,000; Test B: 40% × $250,000 − $50,000 = $50,000; lower of the two | $50,000/year, advisory duration 1.5–3 years for a 10-year marriage |
| $150,000 / $40,000 | No | Test A: $45,000 − $8,000 = $37,000; Test B: 40% × $190,000 − $40,000 = $36,000; lower of the two | $36,000/year in the tested case |
| $150,000 / $40,000 | Yes | Test A (with child support): 20% × $150,000 − 25% × $40,000 = $20,000; Test B: $36,000; lower of the two | $20,000/year in the tested case |
Comparing the second and third rows shows the child-support interaction clearly: the same incomes give a lower maintenance guideline when the payor also pays child support, because the first test changes.
Common mistakes
- Using only one test. New York maintenance is the lower of two tests. Using either test alone overstates the guideline.
- Forgetting the child-support variant. The percentages change when the payor also pays child support. The checkbox on the calculator exists for this reason.
- Applying the formula above $241,000. Above the cap, maintenance is discretionary on the factors. The calculator caps the payor income used in the formula at $241,000.
- Treating advisory duration as fixed. Duration ranges are advisory, not a single number. The calculator shows the range.
- Using the old $228,000 cap or $21,128 reserve. Both changed on 1 March 2026, to $241,000 and $21,546 respectively.
How courts deviate from the guideline
A guideline figure is a presumption, not a guarantee. Courts commonly depart where the guideline would be unjust or inappropriate on the facts: a child's proven needs or special expenses, a parent's other obligations, hardship, high or very low income, shared-care arrangements that change real costs, and tax or benefit effects the formula does not capture. Where a court deviates, it generally must explain why and state the guideline figure it departed from. That is why every calculator on this site shows its formula and its cap: you can see what the court starts from, even if the final order differs.
The 15 statutory factors in §236(B)(6)(E)(1) include age and health, present and future earning capacity, standard of living, homemaker contributions, domestic violence, wasteful dissipation, care of children or elderly dependents, equitable distribution, and a catch-all “just and proper” factor. A court that deviates must address income above the cap on those factors.
When to hire a lawyer
An estimate is a starting point, not a strategy. Talk to a licensed attorney in the relevant jurisdiction before you rely on a figure if any of these apply: custody is disputed; there is a business, professional practice or complex property to value; retirement accounts, stock or deferred compensation are involved; either parent's income is disputed, imputed or largely non-cash; a child has special needs or disability; support is above a statutory cap; or the other party already has a lawyer. A lawyer can also advise on deviation factors, add-ons and enforcement in that jurisdiction — none of which a guideline calculator can decide. This site cannot recommend a specific lawyer and does not take referral fees.
Frequently asked questions
These questions are shown on the page in full. They are not marked up as FAQ structured data.
How does New York maintenance work?
It is the lower of two tests — a percentage-difference test and a 40%-of-combined test — with different percentages depending on whether the payor also pays child support.
What is the New York maintenance cap?
$241,000 of payor income from 1 March 2026. Above that, extra maintenance is discretionary on 15 statutory factors.
Is New York maintenance duration fixed?
No — the duration schedule is advisory only: 15–30%, 30–40% or 35–50% of marriage length depending on marriage length.
Is New York maintenance a fixed formula award?
No. It is a guideline with a lower-of test, a cap, a self-support reserve and advisory duration. The court may deviate on the statutory factors.
Does maintenance end on remarriage?
Generally, maintenance ends on the recipient's remarriage or on either party's death, subject to the order and the statute.
Change log
| Date | Change |
|---|---|
| October 2026 | Initial build: formula, cap and worked examples from official sources, dated October 2026. |
| October 2026 | Remediation pass: FAQPage structured data removed and replaced with BreadcrumbList plus WebApplication/Article schema; visible FAQ added; navigation replaced with three hub pages and same-jurisdiction Related links; author byline and author box added; clean folder URLs. No calculator formula, cap or worked-example figure was changed in this pass. |
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