New York · Alimony · Updated Oct 2026

Alimony in New York

Alimony (spousal support) in New York, from the state's own law: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

The short answer

In New York, alimony is called maintenance. New York uses a formula for post-divorce maintenance on the paying spouse's income up to an income cap (adjusted every 2 years), and an advisory schedule for how long it lasts: marriage 0-15 years: 15%-30% of the length of the marriage; over 15 to 20 years: 30%-40%; over 20 years: 35%-50%.

What New York calls it
maintenance
Property division
Equitable distribution

When New York courts can order alimony

N.Y. Dom. Rel. Law 236(B)(6).

Amount, limits and length

  • New York uses a formula for post-divorce maintenance on the paying spouse's income up to an income cap (adjusted every 2 years), and an advisory schedule for how long it lasts: marriage 0-15 years: 15%-30% of the length of the marriage; over 15 to 20 years: 30%-40%; over 20 years: 35%-50%.
  • The judge can depart from the formula if it would be unjust, and must explain why.

Good to know

Post-divorce maintenance follows a statutory formula and an advisory duration schedule. (DRL 236(B)(6))

Alimony and property in New York

Spousal support is a separate question from dividing property and debts.

System
Equitable distribution
The rule
Marital property is divided fairly (equitable distribution), not necessarily 50/50, using factors in the statute such as length of marriage, income, contributions as a homemaker, and domestic violence. Separate property stays with its owner.

How to ask for alimony in New York

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (New York courts)

  2. Pay the fee or ask for a waiver

    About $335 for a typical uncontested case: $210 index number (CPLR 8018: $190 plus $20 state add-ons), $95 Request for Judicial Intervention and $30 Note of Issue (CPLR 8020). Can't afford it? Ask the court for permission to proceed as a poor person (CPLR 1101) using the court's poor person application.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. Not required.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in New York

How does alimony work in New York?

Called maintenance. New York uses a formula for post-divorce maintenance on the paying spouse's income up to an income cap (adjusted every 2 years), and an advisory schedule for how long it lasts: marriage 0-15 years: 15%-30% of the length of the marriage; over 15 to 20 years: 30%-40%; over 20 years: 35%-50%. The judge can depart from the formula if it would be unjust, and must explain why. N.Y. Dom. Rel. Law 236(B)(6).

How much alimony is paid in New York, and for how long?

New York uses a formula for post-divorce maintenance on the paying spouse's income up to an income cap (adjusted every 2 years), and an advisory schedule for how long it lasts: marriage 0-15 years: 15%-30% of the length of the marriage; over 15 to 20 years: 30%-40%; over 20 years: 35%-50%. The judge can depart from the formula if it would be unjust, and must explain why.

Is New York a community property state?

No. New York uses equitable distribution. Marital property is divided fairly (equitable distribution), not necessarily 50/50, using factors in the statute such as length of marriage, income, contributions as a homemaker, and domestic violence. Separate property stays with its owner.

More about divorce in New York

Alimony in nearby states

Sources

Last checked: Oct 24, 2026.