A Simple Guide for Mediation Clients
If you’re going through a divorce in New York, you’ll eventually need to talk about spousal support, also known as maintenance. The good news is that New York uses a formula to calculate it, which means the math is predictable. The better news is that you and your spouse still have control over the two most important variables in that formula. When you decide those up front, the rest becomes a plug-and-play calculation that keeps surprises out of the process.
This guide walks you through how the formula works, what decisions you should make ahead of mediation, and how to prepare for a productive conversation with Talaiya.
How New York Calculates Maintenance
New York uses one of two formula sets, and it picks the lower of the two results. The set you use depends on whether the higher-earning spouse (the payor) will also be paying child support for children of the marriage.
If the payor will pay child support
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Formula A(i): 20% of payor’s income minus 25% of payee’s income
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Formula A(ii): 40% of combined income minus payee’s income
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Guideline amount: The lower of the two results, floored at $0
If the payor will not pay child support
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Formula B(i): 30% of payor’s income minus 20% of payee’s income
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Formula B(ii): 40% of combined income minus payee’s income
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Guideline amount: Again, the lower number, floored at $0
What counts as “income”?
The law defines it, but the biggest practical choice you’ll make is whether to use the entire income or apply an Income Cap. The cap is a ceiling on how much of the payor’s income goes into the calculation, and it is one of the most meaningful levers the parties can negotiate.
The First Big Decision: Choosing the Income Cap
The law sets a statutory cap, but you and your spouse don’t have to use it. You can:
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Use the statutory cap
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Agree to a higher cap
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Agree to a lower cap
Why does this matter? Because the cap drives the outcome. Only income up to the cap is plugged into the formula, and everything above it is ignored unless the parties agree otherwise.
Choosing your cap ahead of time keeps the final number predictable and prevents future arguments about whether income above the cap “counts.”
A short explanation in the agreement also helps. Something simple, like “We chose this cap to match our historical lifestyle” or “for predictability,” makes the decision look fair and intentional.
The Second Big Decision: Setting the Duration
Instead of a fixed rule, New York provides advisory ranges based on the length of the marriage. They’re guidelines, not mandates. You can choose:
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A set number of years
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A percentage of the marriage length
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A milestone-based duration (for example, the earlier of 48 months or completion of a training program), often paired with a minimum and maximum term
Choosing the duration up front keeps the process calm and avoids future disagreement. Think about what feels realistic given your finances, career paths, and transition needs.
Why Many Couples Use a Formula Instead of Waiving Support Entirely
It’s possible to waive maintenance. But full waivers tend to receive more scrutiny, especially when there’s a financial imbalance. A formula-based agreement is usually more durable because:
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It looks more balanced and less one-sided
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It mirrors the structure the court expects
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It adapts to income changes more naturally
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It’s easier to enforce later
Even if the math leads to a $0 payment, documenting it through the formula is often safer than writing “we waive it.”
Bringing It Together: A Simple Roadmap
Before your mediation session with Talaiya, think through these steps:
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Choose the Income Cap.
Statutory, higher, or lower. Add a short explanation. -
Run the right formula.
Use the child-support or non-child-support set, calculate both numbers, and take the lower one. -
Set the duration.
A fixed term, a percentage of the marriage, or a milestone-based timeline. -
Add guardrails if helpful.
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A cost-of-living adjustment
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Step-downs over time
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Limits on when support can be modified
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Clear tax-treatment language
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Life or disability insurance to secure payments
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These guardrails aren’t required but they can prevent conflict down the road.
Common Questions
Do we have to use the statutory cap?
No. You can negotiate a cap that fits your situation. Just note the reason.
Can the number be $0?
Yes. If the formula produces $0 using your chosen cap, you can agree to that and document the math.
What if income changes later?
You can keep the amount fixed, allow limited modifications, or build in indexing. Decide this in advance so you don’t end up relitigating it.
Final Thoughts
New York gives you a clear structure, but you still have real control. By deciding the Income Cap and the Duration before running the formula, you avoid uncertainty and keep the outcome in your own hands. That’s almost always better than leaving the decision to the court.
For questions or guidance on how to prepare for your mediation session, reach out to Talaiya Safdar, Esq. This blog is for general information only and is not legal advice.
