New York Alimony Calculator 2026
Work out maintenance under the New York rule in DRL § 236(B)(6) from both incomes and the length of the marriage. The result is the statutory starting point; a judge decides the actual order. Everything runs privately in your browser, with no sign-up.
Not legal advice — a court decides. New York courts order the guideline amount below on income up to the cap unless they find it unjust or inappropriate.
New York Alimony Calculator — DRL §236(B)(6) Statutory Formula and 2026 Income Cap
New York has a statutory maintenance formula. Domestic Relations Law § 236, Part B(6) tells the court to run two calculations and take the lower result. When no child support is paid to the recipient: (a) 30% of the payor's income minus 20% of the recipient's income, and (b) 40% of the couple's combined income minus the recipient's income. When the payor is also the non-custodial parent paying child support, calculation (a) becomes 20% of the payor's income minus 25% of the recipient's. A result of zero or less means no guideline maintenance.
Only the payor's income up to the income cap of $241,000 a year goes into the formula. The cap is adjusted every two years for inflation; $241,000 has applied since March 1, 2026 and appears on the court system's Maintenance Guidelines Worksheet UD-8(2), rev. 3/1/26. Maintenance on income above the cap is left to the judge. If the guideline amount would leave the payor with less than the self-support reserve ($21,546), maintenance is cut to the payor's income minus the reserve.
Income means income as defined in the Child Support Standards Act: gross income less, among other things, Social Security and Medicare (FICA) taxes and New York City or Yonkers income tax actually paid. Enter income on that basis.
New York Alimony Rules at a Glance
| Point | New York rule | Source |
|---|---|---|
| Amount, no child support | Lower of 30% of payor income − 20% of recipient income, and 40% of combined income − recipient income | DRL § 236(B)(6)(c)(2) |
| Amount, payor also pays child support | Lower of 20% of payor income − 25% of recipient income, and 40% of combined income − recipient income | DRL § 236(B)(6)(c)(1) |
| Income cap | $241,000 of payor income a year (from March 1, 2026) | DRL § 236(B)(6)(b)(4); Form UD-8(2) |
| Low-income adjustment | Payor keeps the self-support reserve of $21,546 | DRL § 236(B)(6)(c); Form UD-8(2) |
| Advisory length | 15–30% of the marriage (up to 15 years); 30–40% (over 15 to 20 years); 35–50% (over 20 years) | DRL § 236(B)(6)(f) |
| Who decides | A judge, on the evidence in the case | DRL § 236(B)(6) |
| Federal income tax | Not deductible by the payer and not income to the recipient for agreements executed after 2018 | IRS Topic No. 452 |
Alimony Calculator New York — Worked Example for a 12-Year Marriage
Take a payor with income of $8,000 a month ($96,000 a year, under the $241,000 cap) and a recipient with $3,000 a month ($36,000 a year), with no child support. First calculation: 30% of $96,000 is $28,800, minus 20% of $36,000 ($7,200) = $21,600. Second calculation: 40% of the combined $132,000 is $52,800, minus the recipient's $36,000 = $16,800. The guideline is the lower result, $16,800 a year or $1,400 a month.
For a 12-year marriage the advisory schedule is 15% to 30% of the length of the marriage: 1 year 10 months to 3 years 7 months.
These are the figures the calculator shows when the page first loads. A real order depends on evidence a calculator cannot see.
New York Alimony Duration Rules
The statute gives an advisory schedule rather than a fixed term. For a marriage of up to 15 years, maintenance may run for 15% to 30% of the length of the marriage; for more than 15 and up to 20 years, 30% to 40%; for more than 20 years, 35% to 50%. Length is measured from the wedding to the day the divorce action was started.
The judge may use the schedule or not, and may award non-durational maintenance in an appropriate case. Post-divorce maintenance ends when either spouse dies or the recipient remarries.
Is Alimony Taxable in New York?
For federal income tax, alimony or separate maintenance paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not included in the recipient's income. Payments under an agreement executed before 2019 are generally still deductible by the payer and taxable to the recipient, unless the agreement was later modified and the modification expressly adopts the new rule (IRS Topic No. 452). Child support is never deductible and is not income.
This page does not cover New York state income tax. State rules are set separately and can differ from the federal rule, so check with the state tax agency or a tax adviser.
Modifying New York Alimony
Whether an order can be changed depends on its wording and on the type of support. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable.
Read the order itself and DRL § 236(B)(6) before relying on a general rule, and get advice from a family lawyer licensed in New York about your own case. Nothing on this page is legal advice.
Last updated: October 2026. Sources: Domestic Relations Law § 236, Part B(6) (New York State Senate); Maintenance Guidelines Worksheet UD-8(2), rev. 3/1/26 (NY Courts); IRS Topic No. 452.
Frequently Asked Questions
How is alimony calculated in New York?
New York uses the post-divorce maintenance formula in Domestic Relations Law § 236(B)(6). The court takes the lower of two results: 30% of the payor's income minus 20% of the recipient's income (20% minus 25% when the payor also pays child support), or 40% of combined income minus the recipient's income. Only payor income up to the $241,000 cap counts. A judge may adjust the result if it is unjust or inappropriate.
Does New York use a formula for alimony?
Yes. New York has a statutory formula for both temporary and post-divorce maintenance. For post-divorce maintenance it is in Domestic Relations Law § 236(B)(6), with an income cap of $241,000 from March 1, 2026 that is adjusted every two years. Above the cap the judge decides using the listed factors.
How long does New York alimony last?
The statute has an advisory schedule: 15% to 30% of the length of the marriage for marriages of up to 15 years, 30% to 40% for more than 15 and up to 20 years, and 35% to 50% for more than 20 years. For a 12-year marriage that is roughly 1 year 10 months to 3 years 7 months. The judge is not bound by the schedule. Maintenance ends on the death of either spouse or the recipient's remarriage.
Can New York alimony be modified?
It depends on the order. In most cases either spouse can ask the court to modify periodic payments after a substantial change in circumstances, unless the decree or the spouses' agreement makes the support non-modifiable. Check the wording of your order and DRL § 236(B)(6) before relying on a general rule.
Is alimony taxable in New York?
For federal income tax, alimony paid under a divorce or separation agreement executed after 2018 is not deductible by the payer and is not income to the recipient (IRS Topic No. 452). Agreements executed before 2019 generally keep the old treatment, deductible by the payer and taxable to the recipient, unless a later modification expressly adopts the new rule. This page does not cover New York state income tax, which is set separately.