How is spousal support (maintenance) determined in a New York divorce?

New York determines spousal support — called maintenance — under Domestic Relations Law § 236(B). Since 2016, the law uses statutory formulas rather than the older purely need-based analysis. There are two formulas, one used when child support is also being paid and one when it is not, and within each the amount is calculated two ways, with the lower figure serving as the guideline amount. The formula applies up to an income cap on the payor’s income, which is adjusted every two years; the income cap is now $241,000. For income above the cap, the court decides whether additional maintenance is warranted by weighing a set of statutory factors. Because the formulas are technical and the figures change, getting the income inputs right is essential to an accurate result.