Can I Get Alimony in New York?
Whether a spouse can receive alimony, called maintenance under New York law, depends on the parties’ relative incomes and the specific statutory formula, not on marital fault or on either spouse’s preference alone. New York calculates maintenance using guideline formulas set out in N.Y. Dom. Rel. Law § 236(B)(5-a) for temporary maintenance during a pending divorce and § 236(B)(6) for post-divorce maintenance after judgment. Both formulas compare the higher-earning spouse’s income to the lower-earning spouse’s income, up to a statutory income cap that adjusts every two years and is published by the New York Office of Court Administration. A spouse with lower income relative to the other spouse is generally the one positioned to receive maintenance under these formulas, though the court can also decline to award the guideline amount, or adjust it, based on a list of statutory factors. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys evaluate maintenance eligibility under these formulas for clients across New York. Call (888) 437-7747 to discuss your income situation.
How Maintenance Eligibility Works in New York
Maintenance eligibility in New York is not based on which spouse wants support, or on which spouse was at fault in the marriage’s breakdown; it is based on the income comparison the statutory formula produces. Under both § 236(B)(5-a) and § 236(B)(6), the court identifies the higher-earning spouse as the payor and the lower-earning spouse as the payee, and applies a percentage-based calculation to each spouse’s income up to the applicable income cap. Where the payor’s income falls below the statutory self-support reserve, the formula presumes no award at all, since the statute is structured to avoid reducing the paying spouse below a baseline level of self-sufficiency.
Beyond the income comparison itself, the court can adjust the guideline amount, in either direction, based on a list of enumerated factors, including the parties’ age and health, earning capacity, the length of the marriage, the marital standard of living, and the effect of domestic violence on a party’s earning capacity, among others. This means two spouses with similar income gaps will not necessarily receive the same maintenance outcome if their other circumstances differ. For post-divorce maintenance specifically, § 236(B)(6) also includes an advisory duration schedule tied to the length of the marriage, though the statute allows the court to award maintenance without a fixed end date where appropriate. Because eligibility and amount both depend on the specific income figures and factors involved, and because the applicable income cap changes every two years rather than remaining fixed at the statute’s original figure, the maintenance question in any given case is best evaluated against the parties’ actual, current financial circumstances rather than a general assumption about who typically receives maintenance in a divorce. A spouse considering whether to request maintenance, or preparing to respond to a maintenance request, benefits from understanding both the formula and the factors before the issue is raised in a case.
Frequently Asked Questions
Who is eligible to receive alimony in New York?
Eligibility depends on the income comparison the statutory formula produces under N.Y. Dom. Rel. Law § 236(B)(5-a) and § 236(B)(6), not on marital fault or a spouse’s preference. The lower-earning spouse, called the payee, is generally the spouse positioned to receive maintenance from the higher-earning spouse, called the payor, though the court can also decline to award the guideline amount, or adjust it, based on the statutory factors and the payor’s income relative to the self-support reserve.
Does fault, such as adultery, affect whether I can get alimony?
New York’s maintenance formula under § 236(B)(5-a) and § 236(B)(6) is based on the parties’ income and the statutory factors, not on which spouse is found to be at fault in the marriage’s breakdown. A separate fault-based divorce ground, such as adultery under § 170(4), addresses how the divorce itself is granted, but the maintenance formula itself operates independently of that fault determination.
Is there an income limit for New York maintenance?
Yes, the formulas apply up to a statutory income cap, set at a base figure of $184,000 when the current formula was enacted, that increases every two years according to a Consumer Price Index-based formula published by the New York Office of Court Administration. Income above the applicable cap is addressed through the court’s discretion rather than the guideline formula itself. Because the cap adjusts periodically, the currently published figure should be confirmed rather than assuming the original base amount.
Can I get maintenance while my divorce is still pending?
Yes. N.Y. Dom. Rel. Law § 236(B)(5-a) governs temporary maintenance, which can be awarded while a divorce case is pending, using a formula similar to the one used for post-divorce maintenance. Temporary maintenance terminates no later than entry of the divorce judgment, at which point post-divorce maintenance, if any, would be addressed separately under § 236(B)(6) as part of the final judgment.
How long does post-divorce maintenance last in New York?
Duration depends on the case. N.Y. Dom. Rel. Law § 236(B)(6) includes an advisory schedule tying a suggested duration range to the length of the marriage, but the court is not bound by it and can award maintenance without a fixed end date where appropriate. Maintenance also ends upon the death of either party or the payee’s remarriage, or upon a later modification of the award.
What if my spouse’s income is below the self-support reserve?
New York’s maintenance statutes include a self-support reserve that acts as a floor; a maintenance award generally cannot reduce the payor below that reserve, and the statute presumes no award at all where the payor’s income already falls below it. This protection applies under both the temporary and post-divorce maintenance formulas in N.Y. Dom. Rel. Law § 236(B)(5-a) and § 236(B)(6).
Can the court award more or less than the guideline maintenance amount?
Yes. Both § 236(B)(5-a) and § 236(B)(6) allow the court to deviate from the guideline amount based on enumerated factors, such as the parties’ age and health, earning capacity, the marital standard of living, and the effect of domestic violence on a party’s earning capacity, among others. When a court deviates from the guideline amount, it must state its reasoning in writing or on the record.
How can I find out what I might be entitled to, or expected to pay?
Because the maintenance formulas depend on accurate income figures, the current published income cap, and case-specific factors, the amount involved varies by case and is not something this page can state as a general figure. Mr. Sris and the firm’s Of Counsel attorneys review a client’s specific income situation and the applicable factors before discussing what the guideline formula may produce in that case.
About the Firm
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997, with a background from George Mason University in accounting and information systems that has been applied to complex financial matters in maintenance and divorce cases. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys, who contract directly with the firm, review income documentation and the statutory factors under N.Y. Dom. Rel. Law § 236(B)(5-a) and § 236(B)(6) for clients seeking maintenance and clients responding to a maintenance request. Clients can request a consultation to discuss their income situation. The intake line is staffed for 24/7 phone intake. Mr. Sris and the firm’s Of Counsel attorneys do not guarantee any particular maintenance outcome; the result depends on the income figures, the applicable factors, and the court’s determination.