New York Spousal Maintenance Law (2026): How the Formula and the $241,000 Income Cap Work

Spousal maintenance in New York, what most people still call alimony, is set by a statutory formula, and for 2026 that formula runs against the higher-earning spouse’s income up to a cap of $241,000. There are two versions of the calculation. One applies when the person paying maintenance will also pay child support, the other applies when no child support is involved, and the court uses whichever version produces the lower maintenance number.

The formula gives a guideline figure, not a final one. A judge can order more or less after weighing a list of statutory factors, and the length of the marriage drives how long maintenance lasts. So the number that comes out of the formula is the starting point of the conversation in a New York divorce, not the end of it.

This page covers how the 2026 formula works, what the income cap means, how long post-divorce maintenance lasts, the difference between temporary and post-divorce maintenance, and when a court can depart from the guideline. The cap rose on March 1, 2026, so older figures you may have seen are out of date.

How Does New York Calculate Spousal Maintenance Under the 2026 Formula?

It uses two subtractions and takes the lower result. The formula looks at the payor’s income and the payee’s income, applies the $241,000 cap to the payor’s income, and runs two calculations. Where the spouse paying maintenance will also pay child support and is the non-custodial parent, the calculation is:

• Step one: subtract 25 percent of the payee’s income from 20 percent of the payor’s income.
• Step two: add both incomes together, take 40 percent, and subtract the payee’s income.
• Result: the guideline amount is the lower of the two. If the result is zero or less, there is no formula maintenance.

Where no child support will be paid, the percentages in step one shift:

• Step one: subtract 20 percent of the payee’s income from 30 percent of the payor’s income.
• Step two: add both incomes together, take 40 percent, and subtract the payee’s income.
• Result: again, the guideline amount is the lower of the two.

The two versions exist so that maintenance and child support are not stacked on top of each other in a way that leaves the paying spouse with too little. The order of operations matters, and getting it wrong can cost a spouse real money over the life of the award.

What Is the Income Cap for New York Spousal Maintenance in 2026?

It is $241,000 as of March 1, 2026. The formula applies to the payor’s income up to that cap. The cap adjusts every two years, which is why an older article may show $203,000 or $228,000. For 2026 the figure is $241,000.

Income above the cap is left to the court’s discretion. For the portion of the payor’s income over $241,000, a judge decides whether to award additional maintenance after weighing the statutory factors. In a high-earning marriage that excess income is often the heart of the maintenance dispute, and our attorneys build the factor record with that in mind.

There is also a floor. New York protects a paying spouse’s basic subsistence through a self-support reserve, set at $21,546 for 2026, and a formula result cannot push the payor below that reserve.

How Long Does Post-Divorce Maintenance Last in a New York Divorce?

It is tied to the length of the marriage, on an advisory schedule. The longer the marriage, the longer the presumptive duration of maintenance. The Domestic Relations Law sets out advisory ranges:

• A marriage up to 15 years: maintenance for 15 percent to 30 percent of the length of the marriage.
• A marriage of 15 to 20 years: maintenance for 30 percent to 40 percent of the length of the marriage.
• A marriage longer than 20 years: maintenance for 35 percent to 50 percent of the length of the marriage.

These ranges are advisory, not mandatory. A court can order a different duration, and in a long marriage where one spouse is near retirement age or unlikely to return to meaningful earning, maintenance can run longer than the schedule suggests. The schedule gives both sides a realistic frame for negotiation rather than a guaranteed result.

What Is the Difference Between Temporary Maintenance and Post-Divorce Maintenance in New York?

Timing. Temporary maintenance, also called pendente lite maintenance, is paid while the divorce is still pending, from the early stage of the case through the judgment. It runs under § 236(B)(5-a) and uses the same formula. Its job is to keep the lower-earning spouse afloat while the case is litigated, so that the higher earner cannot use financial pressure to force a quick, lopsided settlement.

Post-divorce maintenance, under § 236(B)(6), is what the judgment of divorce sets going forward, using the formula and the duration schedule. The temporary award does not dictate the final one. A spouse who agrees to a temporary number under pressure has not locked in the post-divorce result, and our attorneys treat the two stages as separate fights.

When Can a New York Court Order More or Less Maintenance Than the Formula Produces?

When the statutory factors call for it. The formula produces a guideline, but the Domestic Relations Law gives the court a list of factors that can move the number or the duration up or down. They include the age and health of each spouse, the present and future earning capacity of both, whether one spouse delayed a career or education to support the household or raise children, the standard of living during the marriage, the equitable distribution of property, and the need for one spouse to train or re-enter the workforce.

This is where a stay-at-home parent’s case is won or lost. A spouse who left the workforce for fifteen years to raise children has a record worth developing in detail, the lost promotions, the dated credentials, the time it will take to rebuild an income. Our attorneys build that factor record deliberately, because the distance between a formula number and a fair number is usually the evidence behind these factors.

Talk to Cedeño Law Group About Spousal Maintenance in Your New York Divorce

Maintenance starts with a formula and ends with the evidence. Cedeño Law Group prepares every maintenance case as if a judge will set the number after reading the whole file. Call our divorce lawyers in NYC before you agree to a figure the other side proposes.

Updated 2026. This page reflects New York’s spousal maintenance law, Domestic Relations Law § 236(B)(6) and § 236(B)(5-a), with the income cap of $241,000 and self-support reserve of $21,546 in effect for 2026. It is general information, not legal advice.

For more laws, visit our New York Divorce and Family Laws page.