1. What is NYS Spousal Maintenance?

Spousal maintenance (also called alimony) in New York State is court-ordered financial support paid by one spouse to the other after divorce. The amount is calculated using a statutory formula that considers both spouses' incomes.

2. How Does the Calculator Work?

The calculator uses the NYS maintenance formula:

Where:

• Lower Income — The income of the spouse who would receive maintenance
• Higher Income — The income of the spouse who would pay maintenance

Explanation: The formula takes 30% of the lower-earning spouse's income minus 20% of the higher-earning spouse's income. The result cannot be negative.

3. Importance of Maintenance Calculation

Details: Accurate maintenance calculation helps ensure fair financial support during divorce proceedings and helps both parties plan their post-divorce finances.

4. Using the Calculator

Tips: Enter both spouses' annual incomes in dollars. The calculator will determine which is lower and apply the formula automatically.

5. Frequently Asked Questions (FAQ)

Q1: Is this calculation always used in NYS divorces?
A: No, judges may deviate from the formula in certain circumstances, but it serves as the starting point for maintenance determinations.

Q2: What income is included in the calculation?
A: All income including wages, bonuses, commissions, investment income, and sometimes imputed income if a spouse is voluntarily unemployed.

Q3: How long does maintenance last?
A: Duration depends on the length of the marriage and other factors, typically ranging from 15% to 50% of the marriage duration.

Q4: Are there income caps for this calculation?
A: Yes, for the paying spouse's income above $203,000, additional factors are considered.

Q5: Can maintenance orders be modified?
A: Yes, if there's a substantial change in circumstances like job loss or significant income change.