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Alimony and Spousal Support in New York

How New York decides spousal support (alimony), the factors courts weigh, and how marital property is divided.

Short answer: Post-divorce maintenance uses a statutory guideline formula applied to the paying spouse's income up to a cap (set at $184,000 and adjusted every two years). N.Y. Domestic Relations Law § 236(B)(6)

Alimony (spousal support)Post-divorce maintenance uses a statutory guideline formula applied to the paying spouse's income up to a cap (set at $184,000 and adjusted every two years). If child support is also being paid and the payor is the non-custodial parent, the amount is the lower of 20% of the payor's income minus 25% of the payee's income, or 40% of combined income minus the payee's income; otherwise the percentages are 30% and 20%. An advisory duration schedule suggests maintenance lasting 15-30% of the marriage's length for marriages up to 15 years, 30-40% for over 15 up to 20 years, and 35-50% for over 20 years. The court may deviate after considering statutory factors.
Source: N.Y. Domestic Relations Law § 236(B)(6)
Dividing propertyNew York uses equitable distribution. Marital property (property acquired by either spouse during the marriage, regardless of whose name it is in) is divided equitably considering factors such as each spouse's income and property, the length of the marriage, age and health, and contributions as a spouse, parent, wage earner or homemaker. Separate property stays with its owner and includes property owned before marriage, inheritances and gifts from someone other than the spouse, personal injury compensation, property designated separate by written agreement, and increases in value of separate property (except to the extent caused by the other spouse's contributions or efforts).
Source: N.Y. Domestic Relations Law § 236(B)(1), (5)

More New York divorce & family law

FAQ

How is alimony decided in New York?
Post-divorce maintenance uses a statutory guideline formula applied to the paying spouse's income up to a cap (set at $184,000 and adjusted every two years). If child support is also being paid and the payor is the non-custodial parent, the amount is the lower of 20% of the payor's income minus 25% of the payee's income, or 40% of combined income minus the payee's income; otherwise the percentages are 30% and 20%. An advisory duration schedule suggests maintenance lasting 15-30% of the marriage's length for marriages up to 15 years, 30-40% for over 15 up to 20 years, and 35-50% for over 20 years. The court may deviate after considering statutory factors.
Is New York a community property state?
New York uses equitable distribution. Marital property (property acquired by either spouse during the marriage, regardless of whose name it is in) is divided equitably considering factors such as each spouse's income and property, the length of the marriage, age and health, and contributions as a spouse, parent, wage earner or homemaker. Separate property stays with its owner and includes property owned before marriage, inheritances and gifts from someone other than the spouse, personal injury compensation, property designated separate by written agreement, and increases in value of separate property (except to the extent caused by the other spouse's contributions or efforts).

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.