Sources and scope: the legal statements below were compared with the linked New York statutes, court rules, and court or agency material. This is general legal information, not advice about a specific case.
The child-support arrangement selects Formula 1
For the worksheet, the spouse with higher statutory income is the payor and the spouse with lower income is the payee. If the payor will also pay child support for children of the marriage as the noncustodial parent, Formula 1 uses 20% of payor income minus 25% of payee income. Otherwise it uses 30% minus 20%.
Both branches compare Formula 1 with a second limit: 40% of the spouses’ combined formula income minus the payee’s income. Use the lower number, but never less than zero. When the payor earns over $241,000, ‘combined’ in this formula uses no more than $241,000 of payor income while still using the payee’s statutory income.
| Situation | First calculation | Second calculation |
|---|---|---|
| Payor is the noncustodial parent who will pay child support for children of the marriage | 20% of formula payor income minus 25% of payee income | 40% × (formula payor income + payee income) minus payee income |
| No child support will be paid, or the maintenance payor is the custodial parent | 30% of formula payor income minus 20% of payee income | 40% × (formula payor income + payee income) minus payee income |
$241,000 limits the formula, not the court’s authority
As of March 1, 2026, the two formulas use at most $241,000 of the payor’s annual income. The court may award maintenance attributable to income above that threshold after considering one or more statutory factors. It must explain an above-threshold award in writing or on the record.
Next comes the self-support reserve. If the formula would leave the payor with less than $21,546, the guideline amount is reduced to the difference between payor income and $21,546. If the payor’s income is already below the reserve, the statute creates a rebuttable presumption that no maintenance will be awarded.
1. Identify statutory income
Use the CSSA income definition, without deducting maintenance paid to the other spouse in this same action; post-divorce income also includes income from property being distributed.
2. Limit only the payor figure
Use the lower of actual payor income or $241,000 in both calculations. The payee’s income is not subject to that formula threshold.
3. Compare the two results
Use the Formula 1 percentages that match the child-support roles, compare with Formula 2, and choose the lower nonnegative amount.
4. Protect the reserve
Reduce the guideline when necessary so it does not leave the payor below $21,546.
5. Leave excess income to the court
Any additional maintenance based on payor income over $241,000 requires a discretionary decision under the statutory factors.
The duration table is a range, not an expiration date
For this table, marriage length runs from the wedding date to the date the divorce action began. A ten-year marriage produces an advisory range of 1.5 to 3 years; it does not guarantee either endpoint. Whether the court uses the schedule or not, it must consider the maintenance factors and state the factors it relied on. The statute also permits non-durational maintenance in an appropriate case.
| Length of marriage | Advisory percentage of marriage length |
|---|---|
| 0 through 15 years | 15% to 30% |
| More than 15 through 20 years | 30% to 40% |
| More than 20 years | 35% to 50% |
The judge looks beyond the two income boxes
These facts are why two couples with the same current incomes can receive different orders. The calculator knows the formula inputs; it does not know that one spouse delayed a career, needs retraining, has a serious health condition, or will receive income-producing property.
- The spouses’ ages and health, earning histories, current earning capacity, and realistic future earning capacity.
- Whether the payee needs education or training, how long it will take, and what it will cost.
- Whether child support will end while maintenance continues, particularly when the child-support formula produced a lower maintenance amount.
- Waste or improper transfers of marital property and conduct, including domestic violence, that inhibited a spouse’s ability to work or earn.
- Care provided to children, stepchildren, disabled adult children, elderly parents, or in-laws when that care limited employment.
- The marital standard of living, tax consequences, the property distribution and income it produces, and each spouse’s contributions to the home and the other’s career.
- Any other circumstance the court expressly finds just and proper.
Temporary maintenance is not a preview of the final term
Temporary maintenance covers the period while the matrimonial action is pending. Post-divorce maintenance is part of the final judgment. The amount calculations are closely related, but the marriage-length schedule belongs only to post-divorce maintenance, and a temporary order does not prejudice either spouse’s position on the final award.
When child support is also at issue, calculate maintenance first. The annual maintenance amount moves from the payor’s CSSA income to the payee’s CSSA income. Their combined income does not change, but the percentage assigned to each parent does.
| Issue | Temporary maintenance | Post-divorce maintenance |
|---|---|---|
| Period | While the divorce action is pending | After entry of judgment |
| What it covers | Support while the matrimonial action is pending | Support after the final judgment |
| Marriage-length schedule | Does not apply | The advisory 15%–30%, 30%–40%, or 35%–50% range may be used |
| Effect on child support | Temporary maintenance is moved between the parents’ CSSA incomes first | Post-divorce maintenance is also moved between the parents’ CSSA incomes first |
Before negotiating maintenance, document more than income
Under DRL § 236, maintenance ends on either spouse’s death or the payee’s valid or invalid marriage. A judgment or settlement may address other events, and modification can depend on DRL § 248 and the standard that applies to the particular order or agreement. Past-due payments are not treated like future installments.
Tax consequences are one of the statutory factors, but the New York formula does not answer the federal or state tax treatment of a particular payment. Review the actual agreement, judgment, and execution date before relying on a tax assumption.
- Bring tax returns, recent pay records, benefit statements, business records, and proof of recurring compensation.
- Prepare a realistic monthly budget with housing, health-insurance, medical, and other recurring needs supported by records.
- Document education, licenses, employment gaps, job searches, and the time and cost of any proposed retraining.
- Explain health conditions and caregiving responsibilities that actually limit work or earning capacity.
- Show the likely property distribution and the income that cash, investments, real estate, or a business may produce.
- Identify the expected child-support roles so the correct maintenance branch and maintenance-first sequence can be used.
Questions readers often ask
Frequently asked questions
Is $241,000 the most income a New York court can consider for maintenance in 2026?
No. It is the amount of the payor’s income used in the formulas as of March 1, 2026. A judge may award additional maintenance based on income above it after considering the statutory factors and explaining the decision.
Which formula applies when the maintenance payor also pays child support?
The 20%-minus-25% branch applies only when the maintenance payor is the noncustodial parent who will pay child support for children of the marriage. The court compares that result with the 40%-of-combined-income limit and uses the lower nonnegative amount before the reserve test.
Does the duration table guarantee maintenance for a set number of years?
No. It is advisory. The judge must consider the statutory factors, may choose a term inside or outside the range, and may award non-durational maintenance in an appropriate case.
Is maintenance calculated before child support in New York?
Yes. Maintenance is subtracted from the payor’s income and added to the payee’s income before the parents’ CSSA shares are calculated.
Can a court change the guideline maintenance amount?
Yes. If the guideline is unjust or inappropriate, the court may adjust it after considering the statutory factors. The decision must state the unadjusted amount, the factors, and the reasons for the change.
Sources used for this guide
Official sources
- New York Domestic Relations Law § 236
New York’s rules for marital and separate property, financial disclosure, equitable distribution, and temporary and post-divorce maintenance.
- New York Courts — Maintenance and Child Support Tools
Official income, maintenance, and child-support worksheets, plus the court system’s optional calculators.
- New York Courts — 2026 Matrimonial Updates
The court system’s notice confirming the figures and revised forms that took effect March 1, 2026.
- New York Courts — Divorce Frequently Asked Questions
Answers from the court system about divorce jurisdiction, support, property, records, and the difference between contested and uncontested cases.