NY State Default Spousal Maintenance Rules
In New York, the court looks at several factors to determine if spousal maintenance is appropriate. Those factors include the health and age of the parties, the earning capacity of the parties, and the standard of living of the parties, among many other factors.
Calculation of Maintenance
The amount of spousal support/maintenance is determined as the lower of the two following amounts:
1) 30% of the payor’s income, up to the income cap (currently $203,000), minus 20% of the payee’s income.
2) 40% of the sum of the payor’s income, up to the income cap (currently $203,000), and the payee’s income. That calculation produces the total income. Then, calculate 40% of the combined income and subtract the payee’s income from that.
A court has the ability to adjust the amount provided if the payor’s income exceeds the income cap. Such adjustment is based on the factors that it uses to determine whether spousal maintenance is warranted at all.
Duration of Maintenance
The guideline duration of spousal support/maintenance is based on the length of the marriage:
Marriages of 0-15 years: The duration ranges from 15% to 30% of the length of the marriage.
Marriages of 15-20 years: The duration ranges from 30% to 40% of the length of the marriage.
Marriages of more than 20 years: The duration ranges from 35% to 50% of the length of the marriage.