Maintenance (Spousal Support) in New York

New York adopted maintenance guidelines in 2015, providing formulas for calculating both temporary maintenance (during the divorce) and post-divorce maintenance (after final judgment). **The formula (simplified):** The guideline amount is calculated using two approaches, and the lower result is used: *Approach 1:* 30% of payor's income minus 20% of payee's income *Approach 2:* 40% of combined income minus payee's income There's an income cap — for 2024, the guidelines only apply to the payor's income up to approximately $228,000 (adjusted annually). For income above the cap, the court has discretion. The guidelines produce an "advisory" amount for post-divorce maintenance. Courts must state reasons for deviating from the guideline amount.

The 2015 amendments added durational guidelines based on marriage length: - Marriages of 0-15 years: 15-30% of the marriage length - Marriages of 15-20 years: 30-40% of the marriage length - Marriages of 20+ years: 35-50% of the marriage length For example, a 12-year marriage might yield maintenance for 22-43 months (15-30% of 144 months). A 25-year marriage might yield maintenance for 105-150 months (35-50% of 300 months). These are advisory guidelines — the court can deviate based on 20 statutory factors including age and health of the parties, present and future earning capacity, need for training, wasteful dissipation of marital property, and any other factor the court finds relevant.

Post-divorce maintenance can be modified upon showing a substantial change in circumstances. Common grounds include: - Significant change in either party's income - Recipient's cohabitation with another person (if order specifies) - Recipient's remarriage (automatic termination under most orders) - Payor's retirement (may be basis for reduction or termination) - Recipient's improved earning capacity Maintenance terminates upon the death of either party or the recipient's remarriage (unless the order provides otherwise). For orders entered after 2015, the paying party can petition to terminate upon reaching full retirement age (as defined in the order or by Social Security guidelines).