1 The statutory maintenance formula, as amended in 2015, is used to determine the guideline amounts of both:
» temporary maintenance – effective for divorces commenced on or after October 25, 2015, and
» post-divorce maintenance – effective for divorces commenced on or after January 23, 2016.
Temporary maintenance is maintenance paid in the time between the commencement of a divorce action and the issuance of a judgment of divorce.
Post-divorce maintenance is maintenance paid after the parites are divorced and for a duration determined by agreement of the parties or by decision of the court.
2 § § * Income cap: $ (nycourts.gov)
3 The percentages used in the 1st calculation are determined as follows:
» If child support is to be paid, and the maintenance payor is not the custodial parent (i.e., the maintenance payor is also the child support payor), 25% of payee's income is subtracted from 20% of payor's income.
» If child support is not to be paid, or, if child support is to be paid, but the maintenance payor is the custodial parent (i.e., the maintenance payor is not the child support payor), 20% of payee's income is subtracted from 30% of payor's income.
4 § § The "payor" is the spouse with the higher income.
5 In a litigated divorce, the court may deviate from the guideline amount of temporary or post-divorce maintenance at or below the income cap if it finds that, upon consideration of one or more of the factors set forth in DRL § 236(B)(5-a)(h)(1) or DRL § 236(B)(6)(e)(1), respectively, strict application of the statutory formula would be unjust or inappropriate.
6 § With or without the application of the Advisory Schedule, the court must consider any one or more of the factors set forth in DRL § 236(B)(6)(e)(1) in determining the duration of post-divorce maintenance.
7 WARNING: The maintenance law does not explicitly authorize or suggest using the formula to determine maintenance on the payor's income above the statutory cap; rather, it directs courts to consider a list of factors as a basis for such determination. However, by popular demand, version 4.0 of the Calculator introduces an option to remove or adjust the cap, thereby allowing the formula to be applied to some or all of the payor's above-cap income. This option is provided here for informational purposes only.
8 Plus additional income entered on Line 30, if any.
9 Unlike the guideline child support percentages, the nature of the guideline maintenance formula does not allow it to be applied separately to the portion of the payor's income above the cap; therefore, this result is obtained by subtracting the Guideline Amount from the total maintenance calculated on the payor's income up to and including the adjusted cap.
10 If you do not speicfy a deviation amount, the calculator assumes the amount is $0.00.
* Where there are two section icons (§ §), the first icon links to the applicable temporary maintenance statute, and the second icon links to the applicable post-divorce maintenance statute.
† Not including additional income entered on Line 30, if any.
‡ This result is obtained by subtracting the maintenance payment from the payor's CSSA income and adding it to the payee's CSSA income. It does not include child support (if any is to be paid) and does not account for any tax consequences that may result from maintenance payments.