Spousal
Support

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Navigating Spousal
Support in NY Divorce

Divorce can become more complex when spouses live in different states. Jurisdictional questions, child custody conflicts, and inconsistent state laws can all influence how your case unfolds. The attorneys at Bikel Rosenthal & Schanfield have extensive experience guiding clients through the legal intricacies of interstate divorce and will help you identify the best legal course of action.

What is Spousal Support?

Also known as maintenance, spousal support refers to payments made by one spouse to the other during or after a divorce. The primary purpose of this support is to help the lower-earning spouse maintain financial stability and, where appropriate, transition toward financial independence.

In New York, courts use statutory formulas to calculate both temporary and post-divorce maintenance. However, in high-conflict or factually complex cases—particularly those involving significant assets, disparities in earning capacity, or contested financial disclosures—courts may rely more heavily on judicial discretion, carefully weighing a broad range of statutory factors to arrive at an equitable outcome.

How is Maintenance Calculated in New York Where
There Are No Minor Children?

If there are no minor children (children under age 21), the courts run the following two calculations and use the lower amount:

  • 01

    The first calculation subtracts 20% of the lower-earning spouse’s net income from 30% of the higher-earning spouse’s net income.

  • 02

    The second calculation combines the income of the two spouses, takes 40% of it, and then subtracts the lower-earning spouse’s income from the reduced total.

If there are minor children and the higher-earning spouse is also paying child support, the calculations are as follows:

  • 01

    The first calculation takes 25% of the lower-earning spouse’s income and subtracts it from 20% of the higher-earning spouse’s income.

  • 02

    The second calculation is the same as the second calculation when there are no minor children involved: combine the two incomes, take 40% of the total, and then subtract the lower-earning spouse’s income from the reduced total.

Income Cap on Maintenance

In New York, the above-referenced support calculations are subject to an income cap of $228,000 on the payor’s income. If the payor’s income exceeds the cap, courts will consider additional factors to determine whether to deviate and increase the cap.

Duration of New York Spousal Support Awards

In New York, payments on post-divorce spousal support may not last forever. The duration of support payments is
calculated based on the length of the marriage.

  • Payments last 15–30% of the Marriage Duration

  • Payments last 30–40% of the Marriage Duration

  • Payments last 35–50% of the Marriage Duration

In other words, the longer the marriage, the longer the spousal support will last. Courts may award non-durational maintenance in rare cases, typically involving older spouses or permanent health limitations. In all cases, the intent is to provide support only as long as reasonably necessary.

Statutory Factors:

For temporary maintenance (while divorce is pending) the Court uses the above formula to calculate temporary maintenance.  However, the Court can deviate from the formula based on the below factors:

  • 01

    The age and health of the parties

  • 02

    The present or future earning capacity of the parties, including a history of limited participation in the workforce

  • 03

    The need of one party to incur education or training expenses

  • 04

    Whether there was a termination of a child support award when the spousal support obligation was based on child support being awarded which resulted in an obligation lower than it would have been had child support not been awarded

  • 05

    The wasteful dissipation of marital property, including transfers or encumbrances made in contemplation of a matrimonial action without fair consideration

  • 06

    The existence and duration of a pre-marital joint household or a pre-divorce separate household

  • 07

    Acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment, including acts of domestic violence

  • 08

    The availability and cost of medical insurance for the parties

  • 09

    The care of children or stepchildren, disabled adult children or stepchildren, elderly parents, or in-laws provided during the marriage that inhibits a party’s earning capacity

  • 10

    The tax consequences to each party

  • 11

    The standard of living of the parties established during the marriage

  • 12

    The reduced or lost earning capacity of the payee as a result of having forgone or delayed education, training, employment or career opportunities during the marriage; and

  • 13

    Any other factor which the court shall expressly find to be just and proper

For post-divorce maintenance, the Courts consider both the guideline formula and the list of statutory factors (as set forth above) as well as

  • The equitable distribution of marital property and the income or imputed income on the assets distributed; and
  • The contributions and services of the payee as a spouse, parent, wage earner, and homemaker, and to the career or career potential of the other party.

Common Spousal
Support Challenges

Even with clear formulas, New York spousal support can become a complex issue.
Common challenges include:

  • Disputes Over Income: Fluctuating or self-reported income may complicate matters and require additional investigation.
  • Conflicting Financial Disclosures: Any suspected attempt to obscure assets should be examined early on.
  • Support Modifications: Any substantial change in circumstances, such as job loss, new employment, or medical issues, may justify modifying a support order.

At Bikel Rosenthal & Schanfield, LLP our Manhattan-based divorce attorneys have decades of experience handling spousal support in high-conflict divorce proceedings. We work closely with financial experts and investigators skilled in discovery, complex asset tracing, and related matters to ensure your financial interests are protected.

Whether you are paying or receiving support, we provide clear guidance on what to expect and help you prepare for negotiations or litigation. Contact Bikel Rosenthal & Schanfield to speak with a New York spousal support attorney today.

Call 212.682.6222 or Connect Online