How Long Does Maintenance Last in New York?
Last reviewed: March 2026
New York uses advisory guidelines to determine maintenance duration. 0-15yr marriage: 15-30% of marriage length; 15-20yr: 30-40%; 20+yr: 35-50% (Source: DRL s.236 Part B(6)(f) Advisory Schedule)
How New York determines maintenance duration
New York is an equitable distribution state. New York refers to spousal support as “maintenance”. New York has advisory guidelines for maintenance duration, though judges are not strictly bound by them.
Source: DRL s.236 Part B(6)(f) Advisory Schedule
Formula: 30% of payor income minus 20% of payee income (without child support), capped at 40% of combined income. Duration tied to marriage length.
Estimated maintenance duration by marriage length
The table below shows estimated maximum maintenance duration for different marriage lengths in New York. These are based on advisory guidelines. Actual awards may differ.
| Marriage length | Est. max maintenance duration |
|---|---|
| 5 years | 1.1 years |
| 10 years | 2.3 years |
| 15 years | 3.4 years |
| 20 years | 7 years |
| 25 years | 10.6 years |
When does maintenance end in New York?
Maintenance in New York typically ends when:
- The court-ordered term expires
- The recipient spouse remarries
- Either party dies
- A court modifies or terminates the order due to a significant change in circumstances
In some cases, cohabitation with a new partner may also be grounds for modification or termination of maintenance in New York.
Is maintenance taxable in New York?
For divorce agreements finalized after December 31, 2018, maintenance is not deductible by the payer and not taxable to the recipient under federal tax law (Tax Cuts and Jobs Act). This applies in New York and all other states.
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