New York Alimony Calculator
Estimate spousal support payments under New York's statutory formula. The state formula applies up to 30% of income, with an income cap of $228,000.
Your Income
Spouse's Income
- Payor gross income capped at $228,000/year for formula calculation.
- Post-2018 TCJA: alimony is not tax-deductible for the payor and not taxable income for the payee (federal).
New York Alimony Laws
New York has a statutory formula for both temporary and post-divorce maintenance under DRL §236. The payor's income is capped at $228,000 (2024). The formula calculates the lesser of two computations, with advisory durational guidelines.
New York is one of the states that uses a statutory formula to calculate spousal support, providing more predictability in alimony outcomes. However, courts retain discretion to deviate from the formula when circumstances warrant it.
How New York Calculates Spousal Support
Formula: Temporary & post-divorce maintenance: Lesser of (a) 30% of payor's income minus 20% of payee's income, or (b) 40% of combined income minus payee's income. If payee's income is 2/3 or more of payor's, no presumptive award. Income cap: $228,000 (payor's income, 2024). Duration advisory: marriages 0-15yr = 15-30% of length; 15-20yr = 30-40%; 20+yr = 35-50%.
Income cap: $228,000 per year. Income above this cap is subject to court discretion.
Maximum percentage: 30% of the paying spouse's income.
While the formula provides a starting point, courts may adjust the amount based on factors such as the standard of living during the marriage, each spouse's financial resources, contributions to the marriage, and the requesting spouse's ability to become self-supporting.
Types of Alimony Available in New York
New York courts may award the following types of spousal support:
- Temporary
- Post Divorce Maintenance
- Durational
The type of alimony awarded depends on the circumstances of the divorce, including the length of the marriage, the financial needs of the requesting spouse, and the purpose the support is intended to serve.
New York Alimony Duration Guidelines
Advisory duration guidelines: 0-15yr marriage = 15-30% of length; 15-20yr = 30-40%; 20+yr = 35-50%. Courts may deviate for cause.
Courts may modify the duration of alimony if there is a substantial change in circumstances, such as a significant increase or decrease in income, retirement, remarriage of the recipient spouse, or cohabitation with a new partner.
Frequently Asked Questions: New York Alimony
How is alimony calculated in New York?
New York uses a statutory formula: Temporary & post-divorce maintenance: Lesser of (a) 30% of payor's income minus 20% of payee's income, or (b) 40% of combined income minus payee's income. If payee's income is 2/3 or more of payor's, no presumptive award. Income cap: $228,000 (payor's income, 2024). Duration advisory: marriages 0-15yr = 15-30% of length; 15-20yr = 30-40%; 20+yr = 35-50%. Courts may deviate from the formula based on specific circumstances of the case.
How long does alimony last in New York?
Advisory duration guidelines: 0-15yr marriage = 15-30% of length; 15-20yr = 30-40%; 20+yr = 35-50%. Courts may deviate for cause. The actual duration depends on the specific facts of each case, and courts may adjust based on changed circumstances.
Can alimony be modified in New York?
Yes, in most cases alimony can be modified in New York if there is a substantial change in circumstances. Common grounds include significant changes in income, job loss, retirement, serious illness, or the recipient spouse becoming self-supporting. Some types of alimony, such as lump-sum awards, may not be modifiable.
Is alimony taxable in New York?
For divorce agreements executed after December 31, 2018, alimony is not taxable income for the recipient and not tax-deductible for the payer under federal tax law (per the Tax Cuts and Jobs Act). New York follows federal tax treatment. For pre-2019 agreements that have not been modified, the old rules may still apply.
Does New York have permanent alimony?
No, New York does not currently provide permanent alimony. The types of alimony available include: Temporary, Post Divorce Maintenance, Durational. Duration is limited based on the length of marriage and other statutory factors.