What Is Spousal Maintenance?
Spousal maintenance, often referred to as alimony, is financial support provided by one spouse to the other during or after a divorce. It is designed to address income disparities and ensure fairness in financial transitions.
Definition and Purpose
Spousal maintenance aims to help the lower-earning spouse achieve financial stability after a divorce. It acknowledges the contributions of both spouses during the marriage, whether financial or non-financial, such as homemaking or raising children. Maintenance gives the supported spouse time to gain independence or maintain a standard of living comparable to the marriage.
While the focus is on fairness, spousal maintenance is not guaranteed in every divorce. Courts assess several factors to determine whether it is appropriate and what form it should take.
Types of Maintenance
New York courts recognize two primary types of spousal maintenance: temporary maintenance and post-divorce maintenance. Each serves a unique purpose in supporting the financial needs of spouses during and after divorce proceedings.
Temporary Maintenance
Temporary maintenance, also known as pendente lite maintenance, is awarded during the divorce process. Its purpose is to provide financial stability to the lower-earning spouse while the case is ongoing. Temporary maintenance ensures that immediate needs, such as housing, utilities, and other living expenses, are met until the divorce is finalized. Once the divorce decree is issued, temporary maintenance ends and may be replaced by post-divorce maintenance if ordered by the court.
Post-Divorce Maintenance
Post-divorce maintenance begins after the divorce is finalized and is designed to provide ongoing financial support to the lower-earning spouse. The duration and amount depend on various factors, including the length of the marriage, the standard of living established during the marriage, and the financial circumstances of both parties.
Post-divorce maintenance may be further classified:
- Durational Maintenance: Awarded for a specific time period, often tied to the length of the marriage, to help the recipient transition to financial independence.
- Non-Durational (Permanent) Maintenance: Reserved for cases where the recipient is unlikely to become self-sufficient due to age, health, or other significant factors.
These types of maintenance reflect the court’s focus on fairness while addressing the financial realities of both spouses.

Eligibility for Spousal Maintenance
Not everyone qualifies for spousal maintenance in New York. Courts carefully assess each case to determine if one spouse requires financial support and if the other has the ability to provide it.
Key Factors Considered by Courts
When deciding whether to award spousal maintenance, New York courts consider a variety of factors to ensure a fair and equitable outcome. The length of the marriage often plays a significant role, as longer marriages typically involve greater financial interdependence and are more likely to result in maintenance awards. Courts also examine the income and earning capacity of each spouse, evaluating current earnings and the potential for future income.
The age and health of both parties are taken into account, as older or less healthy individuals may require additional support, especially if they are unable to reenter the workforce. Contributions made during the marriage, whether financial or non-monetary, are also significant. This includes roles such as staying home to care for children or providing support to advance the other spouse’s career.
The standard of living established during the marriage is another critical consideration, with courts striving to preserve that lifestyle for both spouses whenever possible. Additionally, childcare responsibilities are factored in, as the primary caregiver’s ability to work may be limited. By considering these elements, courts aim to tailor spousal maintenance awards to reflect the specific dynamics and needs of the marriage.
Scenarios for Awarding Maintenance
Spousal maintenance is most commonly awarded when one spouse was financially dependent on the other during the marriage. For example:
- A spouse who gave up a career to stay home and care for children may qualify for maintenance.
- A spouse with significantly less earning power or educational qualifications than the other may also receive support.
- In some cases, even a short-term marriage can lead to maintenance if one spouse made significant contributions to the other’s education or career.
Courts take a practical approach, focusing on whether support is genuinely needed and for how long.
Gender-Neutral Laws
In New York, spousal maintenance laws are gender-neutral, meaning either spouse can request support regardless of traditional roles. Courts consider the financial dynamics of the marriage rather than gender. This ensures that decisions are based on fairness and the specific circumstances of each case.

Calculating Spousal Maintenance in New York
Determining the amount of spousal maintenance in New York is a detailed process governed by state guidelines. Courts use specific formulas and consider various factors to ensure fairness for both spouses.
Statutory Formulas and Income Caps in New York
New York law provides statutory formulas for calculating temporary and post-divorce maintenance. These guidelines take into account the income of both spouses and are intended to provide consistency in awards.
The formula applies to the first $228,000 of the paying spouse’s annual income (as of 2024). For income above this cap, courts have the discretion to adjust the award based on specific circumstances. The basic calculation involves:
- Subtracting 25% of the recipient’s income from 20% of the paying spouse’s income.
- Adjusting for child support obligations, if applicable, to ensure that maintenance and child support do not overlap excessively.
While these formulas provide a starting point, judges can deviate from them if the outcome appears unfair or does not reflect the couple’s unique circumstances.
Special Considerations
The statutory formulas do not account for every situation, and courts often consider additional factors to tailor maintenance awards:
- If the couple has children, child support obligations may reduce the paying spouse’s available income for maintenance.
- Expenses related to childcare, education, or special needs may influence the final amount.
- A spouse’s ability to become self-supporting, including their education, skills, and time required for reentry into the workforce, can also play a role.
Key Factors Considered by Courts
When calculating spousal maintenance, courts review factors beyond the basic formulas to ensure the award is fair and practical. These factors include:
- Length of the marriage: Longer marriages typically result in higher or longer maintenance awards.
- Income and property: The income and assets of both spouses are evaluated to determine financial needs.
- Contributions to the marriage: This includes non-financial contributions, such as caregiving or supporting the other spouse’s career development.
- Standard of living during the marriage: Courts aim to preserve, as closely as possible, the standard of living both parties experienced during the marriage.
- Tax implications: Changes in tax laws mean maintenance payments are no longer deductible for the payer nor taxable for the recipient.
- Health and age: These factors can affect a spouse’s ability to earn income or require additional support for medical needs.
By considering these elements, courts can create a maintenance plan that reflects the realities of the couple’s financial situation.
Tax Implications for Both Parties in New York
Recent tax law changes have significantly impacted spousal maintenance. As of 2019, maintenance payments are no longer deductible by the paying spouse or considered taxable income for the recipient.
This change can affect the affordability of maintenance payments for the payer, as they now must pay taxes on the full amount of their income, including the portion used for maintenance. For the recipient, the payments no longer contribute to taxable income, providing a small financial advantage. Understanding these tax implications is critical when negotiating or accepting a spousal maintenance arrangement.
Balancing Fairness and Financial Stability
Calculating spousal maintenance is a process that considers the financial needs and capacities of both spouses. While statutory formulas provide a foundation, each case is unique, and courts take a detailed approach to ensure fairness. At Aiello & DiFalco LLP, we understand the importance of these calculations and will work with you to ensure that your financial interests are protected throughout the process.

Duration and Modifications
Spousal maintenance is rarely a one-size-fits-all solution. Courts determine the duration of payments based on the marriage’s circumstances, and awards can often be adjusted if significant life changes occur.
Guidelines Based on Marriage Length
In New York, the duration of spousal maintenance is closely tied to the length of the marriage. The courts use a guideline chart as a starting point to determine how long payments should last:
- 0–15 years of marriage: Maintenance may last 15% to 30% of the marriage’s length.
- 15–20 years of marriage: Maintenance may last 30% to 40% of the marriage’s length.
- 20+ years of marriage: Maintenance may last 35% to 50% of the marriage’s length.
These guidelines are not rigid rules. Judges can adjust the duration based on unique circumstances, such as health issues, caregiving responsibilities, or significant financial disparities.
Termination Conditions
Spousal maintenance does not last forever. Several conditions can lead to the termination of payments, including:
- Remarriage of the recipient: If the spouse receiving maintenance remarries, payments typically end automatically.
- Death of either spouse: Maintenance obligations cease upon the death of the payer or recipient.
- Court-ordered termination: A court may terminate maintenance if it determines that payments are no longer necessary.
- Achievement of self-sufficiency: Maintenance can end if the recipient becomes financially independent or meets specific goals set by the court.
These conditions ensure that maintenance remains fair and relevant to the evolving circumstances of both parties.
Challenging or Adjusting Awards
Life circumstances often change after a divorce, and spousal maintenance awards may need to be revisited. New York courts allow modifications to maintenance agreements under certain conditions:
- Significant income changes: If the paying spouse experiences a job loss, a significant reduction in income, or retirement, they may request a reduction in payments. Similarly, if the recipient’s financial situation improves, the paying spouse can seek a modification.
- Health or disability issues: A serious illness or disability affecting either spouse’s earning capacity can warrant an adjustment.
- Unanticipated financial changes: Sudden changes, such as inheritance, loss of assets, or bankruptcy, may lead to modifications.
To request a modification, the affected party must demonstrate a substantial change in circumstances. Courts will carefully review the evidence before making any adjustments to ensure fairness.
Striking the Right Balance
The duration and potential modifications of spousal maintenance reflect the court’s goal of fairness while accounting for life’s uncertainties. At Aiello & DiFalco LLP, we can help you assess your situation and advocate for modifications or fair terms that reflect your current needs and circumstances. Whether you’re seeking an adjustment or defending against one, we provide the legal guidance you need to approach this process with confidence.

Why Choose Aiello & DiFalco for Spousal Maintenance Cases?
When it comes to spousal maintenance, having a legal team that understands your financial and personal priorities can make all the difference.
Handling Complex Cases with Care
Divorce cases involving spousal maintenance can be emotionally charged, particularly when there are significant financial disparities or unique circumstances to consider. Our team is experienced in addressing the challenges that arise in these situations, including high-net-worth cases, long-term marriages, and contested support arrangements. We approach each case with attention to detail, ensuring that your rights are fully protected at every stage of the process.
Tailored Financial Strategies
Every family has its own dynamics, and we believe your legal strategy should reflect that. We take the time to understand your financial situation, your goals, and the long-term impact of spousal maintenance on your future. Whether you are seeking support or contesting an unfair demand, our approach focuses on achieving outcomes that support your best interests while maintaining financial stability.
A History of Success in Family Law
Our firm has built a reputation for effective advocacy in New York family law. We are proud of the trust our clients place in us and the favorable results we have secured in spousal maintenance cases. From mediation and negotiation to courtroom litigation, we bring dedication and a results-driven focus to every case we handle.
Choosing the right attorney to represent you is a critical decision during a divorce. At Aiello & DiFalco LLP, we are committed to offering the support, knowledge, and legal solutions you need to protect your financial future and move forward with confidence. Contact us today to learn how we can assist you.
