Spousal support or maintenance

Spousal support is money that a court orders a person to pay their spouse while they are still married. 

Maintenance is money that a court orders a person to pay:

• their current spouse if it's during the divorce or 
• their former spouse if it's after a divorce.

Spousal support or maintenance used to be called alimony in New York. Some states still use this term.

Where can I get spousal support or maintenance orders?

Family Court and New York’s Supreme Court both handle financial support between spouses. The words and situations are different: 

• Family Court issues spousal support orders (for married couples who are not in the process of divorcing).
• Supreme Court issues maintenance orders (temporary or permanent) as part of a divorce case. (New York's Supreme Court handles divorce and is not the highest state court.)

After your divorce, you usually go to Family Court to modify (change) or enforce your maintenance order.

How does the court decide the amount of spousal support or maintenance?

The courts use a math formula set by law. The formula considers each spouse's income for maintenance and support amounts. A court may change the amount based on other factors, including how long the marriage lasted. You can estimate maintenance and support amounts on the New York State court system's website.

Can I get a support or maintenance order changed?

You can get a change if:

• The person receiving payments can no longer support themselves, or
• There is a major change in circumstances. For example, someone loses a job or their income drops.

To ask for a change, file a modification petition (a formal request to the court) explaining why you need the change.

(If you and your spouse agreed on the support or maintenance amount in a contract, modifying the order later will require more steps.)

How long does support or maintenance last?

While you are still married, there is no time limit. 

During your divorce, the court decides how long temporary maintenance lasts, depending on the length of the marriage. Temporary maintenance ends when the court issues the final divorce decree or either spouse dies.

When your divorce is final, the judge follows this formula:

• For marriages lasting up to 15 years: maintenance lasts 15% to 30% of the length of the marriage
• For marriages lasting 15 to 20 years: maintenance lasts 30% to 40% of the length of the marriage
• For marriages lasting more than 20 years: maintenance lasts 35% to 50% of the length of the marriage

A judge can change the length of time based on several factors. And it ends if the person getting it remarries or either spouse dies.

Do I have to pay taxes on spousal support or maintenance payments?

For divorce orders (or signed separation agreements) after December 31, 2018: 

• the person who gets spousal support does not have to pay taxes on the payments, and 
• the person paying support cannot deduct the payments.

What about health insurance?

When a divorce case is filed, an "automatic order" prevents either person from changing insurance coverage without the court's permission.
 

After a divorce is final, former spouses usually cannot stay on each other's health insurance policy. However, COBRA coverage may be available for up to 36 months. A court could order your former spouse to help pay for COBRA costs if they can afford it.