Spousal Support in New York
State-specific overview · Family Law
New York applies statutory formulas for temporary and post-divorce spousal support based on combined parental income.
How New York treats Spousal Support
New York uses income-based formulas to calculate spousal support: the paying spouse pays 30% of their income minus 20% of the recipient's income, capped at combined income of $203,000 (adjusted annually). Courts may deviate from these formulas when warranted by factors such as length of marriage, age, health, and standard of living. Temporary support ends when the divorce is finalized; post-divorce support duration depends on marriage length (typically 15–35% of marriage length for marriages under 20 years). Support terminates upon remarriage of the recipient or death of either party.
The general definition of Spousal Support
Court-ordered payments from one spouse to another, typically during or after divorce proceedings.
Spousal support, also called maintenance or alimony, is money one spouse pays to the other to help with living expenses during or after a divorce. It recognizes that one spouse may have sacrificed career opportunities during the marriage or may have lower earning potential. Courts consider factors like the length of the marriage, each spouse's income and earning ability, and their age and health when determining if support is appropriate and how much to award. Spousal support can be temporary (lasting only during the divorce process) or permanent (continuing indefinitely or for a set period).
Read the full Spousal Support entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.