Am I entitled to spousal support (maintenance) in New York?

What the Law Says

New York law governs spousal maintenance through the Domestic Relations Law (DRL). Courts use statutory formulas and discretionary factors to determine whether maintenance is awarded, how much, and for how long.

Maintenance in New York is not automatic. A court must consider multiple factors—including each spouse’s income and property, health, age, earning capacity, and the standard of living during the marriage—before ordering maintenance.

For temporary (pendente lite) maintenance, courts apply a statutory formula: the lesser of (a) 30% of the payor’s gross income minus 20% of the payee’s gross income, or (b) 40% of the combined gross income minus the payee’s gross income. The result cannot exceed the payee’s reasonable needs.

For post-divorce maintenance, courts use a different formula for guideline amounts and durations, adjusted for marriages of varying lengths. For example, for marriages of 0–15 years, duration is 15–30% of the marriage length; for 15–20 years, it’s 30–40%; and for over 20 years, it’s 35–50%—or even indefinite in exceptional cases.

The court may deviate from the guidelines if it finds them 'unjust or inappropriate,' but must state its reasons in writing.

Statutory Text

The court shall determine and award maintenance to either party in such amount as justice requires… considering… the standard of living of the parties established during the marriage…

— Domestic Relations Law § 236(B)(6)(a)

Statutory Text

The amount of temporary maintenance shall be the lesser of… thirty percent of the payor spouse’s gross income minus twenty percent of the payee spouse’s gross income… or… forty percent of the combined gross income… minus the payee spouse’s gross income.

— Domestic Relations Law § 236(B)(5-a)(C)(1)(a)

Sources