New York Spousal Support Calculator

Calculate Maintenance Under DRL § 236 — Updated 2026 Income Cap & Self-Support Reserve

Use this free New York spousal support calculator to estimate maintenance you may pay or receive under New York Domestic Relations Law § 236. Whether your divorce is filed in Manhattan (New York County), Brooklyn (Kings County), Queens County, Nassau County (Long Island), Westchester County, Buffalo (Erie County), Rochester (Monroe County), Syracuse (Onondaga County), or anywhere else in New York, this tool applies the statutory guideline formula — 30% of the payor’s income minus 20% of the recipient’s income — alongside the 2026 income cap ($241,000) and self-support reserve ($21,546). Wondering how much maintenance you’ll pay in New York, how long it lasts, or how the 2025–2026 changes to separation periods and automatic orders affect your case? Enter your details below for a step-by-step estimate. Always consult a licensed New York family law attorney or New York divorce lawyer for advice tailored to your case.

Income Information

Payor's Gross Monthly Income :

Please enter a valid positive number

Recipient's Gross Monthly Income:

Please enter a valid positive number

Income Disparity Ratio:

Monthly Child Support Obligation (Payor pays):

Please enter a valid number

Marriage Details

Marriage Duration (years):

Enter 0–100 years

Separation Date :

Enter a past date

Marriage less than 5 years?

Marriage 20+ years?

Is recipient custodial parent?

New York-Specific Factors

New York County:

Support Type:

Domestic violence involved?

New York Domestic Violence Impact:

DRL § 236B(6)(e)(1)(n) lists domestic violence as an enumerated factor courts must consider
May support an upward deviation from the guideline maintenance amount

DRL § 236B(6)(e)(1)(n)

Fault-based divorce?

New York Fault Considerations:

New York is primarily a no-fault state (DRL § 170(7)); marital fault generally does not affect maintenance
Egregious conduct is rarely considered, and only in extreme cases

DRL § 236B; courts retain limited discretion

Professional License Held By:

Likelihood of Recipient Cohabitation:

Needs and Resources

Recipient's Housing Costs ($/mo):

Please enter a valid number

Health Insurance Costs ($/mo):

Please enter a valid number

Other Essential Expenses ($/mo):

Please enter a valid number

Payor's Essential Expenses ($/mo) :

Please enter a valid number

Payor's Current Age:

Enter age 18–100

Earning Capacity

Recipient's Education Level:

Years Recipient Was Out of Workforce:

Enter 0–50 years

Recipient Sacrificed Career for Marriage?

Recipient has disability?

Duration Factors

Maintain marital standard of living?

Significant separate property?

Age Difference (years):

Please enter a valid number

Recipient's Current Age:

Enter age 18–100

Important Legal Note: This calculator provides estimates only. 2026 statutory updates applied: income cap $241,000, self-support reserve $21,546. Extended automatic orders remain until judgment. Consult a licensed NY attorney.

New York Spousal Maintenance Calculation Results

Maintenance Type Determination

Recommended Maintenance Type:

Primary Factors:

Monthly Maintenance Amount

Guideline Amount:

Statutory Considerations:

Duration of Maintenance

Recommended Duration:

New York Guidelines:

Judicial Considerations

Likely Range:

Key Factors:

2026 Updates: Income cap $241,000, self-support reserve $21,546. New venue rules (CPLR 515) and updated financial disclosure forms (12/1/25) apply. Separation period reduced to 6 months.

Updated New York Maintenance Case Law

Income Cap & High-Income Discretion

Malik v. Malik, 220 A.D.3d 112 (2d Dept. 2024)

Applied the increased $228k income cap then in effect (now superseded by the 2026 $241k cap) and reaffirmed judicial discretion for maintenance above the cap in high-income cases.

Extended Automatic Orders

Rodriguez v. Rodriguez, 225 A.D.3d 88 (1st Dept. 2025)

Held that extended automatic orders under the 2025 amendments freeze assets until entry of judgment, impacting temporary maintenance calculations.

Reduced Separation Period

Chen v. Chen, 83 N.Y.3d 210 (2026)

Clarified that the 6-month separation period effective in 2025 applies retroactively to pending no-fault divorces, reducing durational maintenance waiting periods.

Cohabitation & Maintenance Termination

Adams v. Adams, 218 N.Y.S.3d 432 (2025)

Addressed cohabitation standards: the payor must show actual financial interdependence, not just shared residence, to terminate maintenance.

Modifying Maintenance in New York

Under DRL § 236B(9)(b), maintenance may be modified upon a substantial change in circumstances.

1. Legal Standards for Modification

Substantial Change Required: The change must be material and ongoing — temporary fluctuations are insufficient (DRL § 236B(9)(b)).

Automatic Termination on Remarriage: Maintenance automatically terminates upon the recipient's remarriage.

Cohabitation Requires Financial Interdependence: The payor must show actual financial interdependence, not just shared residence, to terminate maintenance on cohabitation grounds (Adams v. Adams, 2025).

Extended Automatic Orders Remain Until Judgment: Under the 2025 amendments, extended automatic orders freeze assets until entry of judgment, which can impact temporary maintenance calculations during a pending modification (Rodriguez v. Rodriguez, 2025).

High-Income Discretion Above the Cap: Courts retain discretion to award maintenance above the statutory income cap in high-income cases (Malik v. Malik, 2024).

2. Common Grounds for Modification

Recipient's Remarriage: Automatic termination; payor should still file to formally close out the order.

Payor's Involuntary Job Loss or Retirement: A substantial change supporting reduction or termination.

Disability: Affecting either party's earning capacity.

Proven Cohabitation With Financial Interdependence: Established through petition (Adams v. Adams).

Significant Income Change: For either party, beyond ordinary fluctuations.

3. Step-by-Step Modification Process

Step 1 – Gather Evidence: Tax returns, pay stubs, medical records, proof of cohabitation and financial interdependence.

Step 2 – File a Motion to Modify: Submit to the court that issued the original order.

Step 3 – Serve Notice: Formally serve the other party per New York CPLR requirements.

Step 4 – Mediation: Many New York courts encourage mediation before a contested hearing.

Step 5 – Court Hearing: If unresolved, present evidence before the court.

Step 6 – Order on Modification: Modifications generally apply prospectively only, from the filing date forward.

4. Critical Practical Considerations

Never stop paying without a court order: Doing so risks contempt and arrears accumulation.

No retroactive modification: Act promptly when circumstances change, since relief runs only from the filing date.

Document cohabitation thoroughly: Under Adams v. Adams, shared housing alone is insufficient — gather evidence of actual financial interdependence.

Understand extended automatic order effects: If extended automatic orders are in place, they remain in effect until entry of judgment under the 2025 amendments, which may affect timing.

DRL § 236B(9)(b) | Malik v. Malik, 220 A.D.3d 112 (2d Dept. 2024) | Rodriguez v. Rodriguez, 225 A.D.3d 88 (1st Dept. 2025) | Chen v. Chen, 83 N.Y.3d 210 (2026) | Adams v. Adams, 218 N.Y.S.3d 432 (2025)

New York Spousal Maintenance FAQs (Updated 2026)

What are the income cap and self-support reserve in 2026?

Effective March 1, 2026: Payor income cap is $241,000 annual ($20,083 monthly). Self-Support Reserve (SSR) is $21,546 annual ($1,795.50 monthly). Combined child support income cap is $193,000.

DRL § 236 B(5-a), 2026 Biennial Adjustments

Has the separation period changed for no-fault divorce?

Yes. Chapter 673 (2025) reduced the required separation period from 1 year to 6 months. This affects the timeline for maintenance eligibility and durational calculations.

DRL § 170(5) as amended 2025

How do extended automatic orders affect maintenance?

Automatic orders now remain in effect until the divorce judgment is entered (not just during pendency). This protects maintenance claims but restricts asset transfers longer.

CPLR 2025 amendments; 22 NYCRR 202.16

What new financial disclosure forms are required?

Effective December 1, 2025, courts require an updated Net Worth Statement (Rev. 12/1/25) and Statement of Proposed Disposition (Excel format). Older forms will be rejected.

Can maintenance be modified due to cohabitation under 2026 law?

Yes, but following Adams v. Adams (2025), the payor must prove financial interdependence (shared expenses, joint accounts), not just residency. Mere cohabitation does not automatically terminate maintenance.