Calculate Maintenance Under New York Domestic Relations Law §236
See: New York Domestic Relations Law §236 B(6)(a)
See: O'Brien v. O'Brien, 66 N.Y.2d 576 (1985)
See: O'Brien v. O'Brien, 66 N.Y.2d 576 (1985)
See: Van Dyke v. Van Dyke, 273 A.D.2d 62 (1st Dept. 2000)
See: New York Domestic Relations Law §236 B(6)(a)(7)
Recommended Maintenance Type:
Primary Factors:
Guideline Amount:
Statutory Considerations:
Recommended Duration:
New York Guidelines:
Likely Range:
Key Factors:
Established that professional licenses and degrees acquired during marriage are marital property subject to equitable distribution, which can impact spousal support calculations.
Clarified that maintenance awards should be based on realistic assessments of earning capacity, not just actual income, especially when a spouse is voluntarily underemployed.
Addressed the issue of maintenance duration and established that long-term marriages may warrant longer or even permanent maintenance.
Reaffirmed that courts have broad discretion in determining maintenance awards based on the statutory factors in DRL §236.
Clarified that cohabitation alone does not automatically terminate maintenance obligations. The payor must demonstrate the cohabitation has materially affected the recipient's financial needs.
Recent application of income cap adjustments and reaffirmation of judicial discretion in applying the statutory maintenance formula for high-income cases.
Addressed the interplay between child support and maintenance calculations, particularly regarding income imputation and voluntary underemployment.
New York law allows for modification of maintenance under certain circumstances. Here's the process for requesting a modification:
Under New York Domestic Relations Law §236 B(9)(b), maintenance can be modified for:
Note: The modification process typically takes 3-6 months for uncontested cases and 9-18 months for contested cases, depending on court backlogs.
As of March 1, 2024, New York has updated income thresholds:
These thresholds are adjusted biennially for inflation under New York law. For income above the payor cap ($228,000), courts have discretion in determining maintenance amounts.
New York Domestic Relations Law §236 B(5-a), (6); Updated 2024-2025 statutory adjustments
Several important procedural updates took effect in 2025:
These changes affect how maintenance cases are filed and what documentation is required, though the core calculation formula remains unchanged.
CPLR 515; 22 NYCRR 202.16; Chapter 535, Laws of 2025
New York uses both formula-based and discretionary approaches:
Common calculation approaches:
New York Domestic Relations Law §236 B(5-a), (6)
Marriage duration significantly impacts New York maintenance:
Special considerations:
New York Domestic Relations Law §236 B(6)
Yes, under certain conditions:
Grounds for modification:
New York Domestic Relations Law §236 B(9)(b)
New York recognizes fault grounds for divorce:
Key implications:
New York Domestic Relations Law §236 B(6)(a)
Federal tax (2025 update): Under the Tax Cuts and Jobs Act of 2017, maintenance payments are no longer deductible for the payor or taxable to the recipient for divorce agreements executed after December 31, 2018.
New York tax: Follows federal treatment - no deduction for payor or income for recipient for post-2018 agreements.
Key considerations:
IRC §71, Tax Cuts and Jobs Act of 2017
New York law uses the term "maintenance" rather than "alimony," but common distinctions:
Temporary Maintenance:
Post-Divorce Maintenance:
New York Domestic Relations Law §236 B(5-a), (6)
Retirement impacts New York maintenance cases:
Key factors courts consider:
New York Domestic Relations Law §236 B(9)(b)
New York counties may handle maintenance cases differently:
Key county-specific factors:
New York Domestic Relations Law §236 B(6)(a)