What are the New York Maintenance Guidelines?

By Member Lawyer

Are you looking for a straight forward chart which provides simple guidelines which allow litigants to estimate how much spousal support / maintenance a Court might award? In New York such a chart exists. It is applicable to final awards of maintenance not interim pendente lite awards granted during ongoing litigation. Although it is not mandatory, it tends to be followed. See, NY DRL sec 236B.

Here it is:

Length of marriage – % of length of the marriage for which maintenance will be payable

0 up to and including 15 years 15% – 30%

More than 15 up to and including 20 years 30% – 40%

More than 20 years 35% – 50%

Of course this is not the only thing that is relevant to a determination of spousal support otherwise known as maintenance. There are 15 post-divorce maintenance factors which are used in the analysis See DRL§236B(6)(E)(1). Generally the factors are used to analyze the actual needs of the spouse, their standard of living they are accustomed to and the acts of the monied spouse such as interfering with the ability to earn and wasteful dissipation of property. The court also uses a mathematical formula into which it imputes each spouse’s income to calculate the actual award. Several calculators can be found online.

If you are interested in obtaining advice about your divorce contact Diana Mohyi Attorney at Law for a consultation.


Trevor Neely
Author: Trevor Neely

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