A New York divorce is, at its heart, a financial event. The legal process matters, but most of the decisions that shape your next ten years are about money: who keeps the house, how retirement accounts are split, whether support is paid and for how long. This guide walks through how New York handles each of those questions so you can plan with a clear head instead of guessing.
New York divides property by equitable distribution, which is fair, not automatically equal. Spousal maintenance and child support both run on statutory formulas, each applied up to an income cap that rose on March 1, 2026.
How New York divides property
New York is an equitable distribution state, not a community property state. The court divides marital property fairly, weighing the 14 statutory factors in Domestic Relations Law 236B, which can produce an unequal split. Separate property, owned before the marriage or received by gift or inheritance, generally stays with its owner, though separate property can become partly marital if it is commingled.
The house and the retirement accounts
The two biggest assets in most divorces are the family home and retirement savings. A retirement account built up during the marriage is marital property even if it is in one spouse's name, and dividing certain accounts takes a separate court order so the transfer is not taxed as an early withdrawal. Debts are divided too. Trading the house for the retirement account is a common move that can quietly cost a great deal if the after-tax values are not compared properly. Modeling these trade-offs before you agree to anything is exactly the kind of decision Your Divorce Angel is built to help you see clearly.
Spousal maintenance
New York is unusual in that maintenance is driven by a statutory formula, not open-ended discretion. The formula in Domestic Relations Law 236B is applied to the payor's income up to a cap, and there are two versions depending on whether the payor also pays child support. Effective March 1, 2026, the maintenance income cap is $241,000. For the payor's income above that cap, the court decides any additional maintenance using 15 statutory factors such as the length of the marriage and the marital standard of living.
Duration follows an advisory schedule tied to marriage length: roughly 15 to 30 percent of the length for marriages up to 15 years, 30 to 40 percent for 15 to 20 years, and 35 to 50 percent for marriages over 20 years.
For divorce or separation agreements signed after December 31, 2018, spousal support is not deductible for the person paying and not taxable income for the person receiving it, under the federal Tax Cuts and Jobs Act. This changes the real cost and value of every support number, so pre-tax and after-tax figures should never be confused at the negotiating table.
Child support
Child support follows the Child Support Standards Act (Domestic Relations Law 240). The parents' combined income up to a cap is multiplied by a percentage set by the number of children: 17% for one child, 25% for two, 29% for three, 31% for four, and 35% for five or more. The result is split between the parents in proportion to their incomes. Effective March 1, 2026, the income cap is $193,000; above it, the court has discretion. Mandatory add-ons such as childcare and unreimbursed medical costs are shared proportionally on top.
The financial timeline
Two things people consistently underestimate: how long the process takes and how much costs rise once you are running a household alone. A realistic financial sequence:
- Before filing — gather a complete picture of assets, debts, income, and expenses. Every later decision rests on these.
- Temporary orders — temporary maintenance and support while the case proceeds.
- Disclosure and negotiation — both sides exchange financial information; settlement scenarios get modeled and compared.
- Settlement or trial — most New York divorces settle. The ones that go to trial cost more and hand the decisions to a judge.
- After the judgment — the distribution, support, and any account transfers are carried out.
New York divorce finance, at a glance
| Property division | Equitable distribution; 14 factors (DRL 236B); not automatically 50/50 |
|---|---|
| Maintenance | Statutory formula on payor income up to $241,000 cap (eff. 3/1/2026) |
| Maintenance duration | Advisory: ~15-30% / 30-40% / 35-50% of marriage length |
| Child support | CSSA: 17/25/29/31/35% of combined income, split pro rata |
| Child support cap | $193,000 combined income (eff. 3/1/2026) |
| Support tax (post-2018) | Not deductible by payer; not taxable to recipient |
Questions worth asking before you negotiate
- What is the full marital estate, and which assets are actually separate property?
- If we trade the house for the retirement account, are we comparing after-tax values?
- Given our incomes and the length of the marriage, what is the realistic range for support?
- What will my true monthly cost of living be once I am on my own?
- What does each settlement scenario look like five and ten years out, not just on signing day?
New York divorce: common questions
Is New York a community property state?
No. New York is an equitable distribution state. Marital property is divided fairly based on the 14 statutory factors in Domestic Relations Law 236B, which can mean an unequal split, not an automatic 50/50. Separate property, owned before the marriage or received by gift or inheritance, is generally not divided.
How is spousal maintenance calculated in New York?
Maintenance is set by a statutory formula in Domestic Relations Law 236B, applied to the payor's income up to a cap. Effective March 1, 2026, that cap is $241,000. There are two versions of the formula depending on whether child support is also paid, and for income above the cap the court uses 15 statutory factors.
How long does maintenance last in New York?
Duration follows an advisory schedule tied to the length of the marriage: roughly 15 to 30 percent of the length for marriages up to 15 years, 30 to 40 percent for 15 to 20 years, and 35 to 50 percent for marriages over 20 years. Courts can adjust based on the circumstances.
How is child support calculated in New York?
Under the Child Support Standards Act, the parents' combined income up to a cap is multiplied by a percentage based on the number of children: 17 percent for one, 25 percent for two, 29 percent for three, 31 percent for four, and 35 percent for five or more. Effective March 1, 2026, the income cap is $193,000. The total is then split between the parents in proportion to their incomes, plus add-ons such as childcare and medical costs.
Is spousal support taxable in New York?
For agreements signed after December 31, 2018, maintenance is not deductible by the paying spouse and not taxable income to the receiving spouse, under federal law.
See your New York numbers before you decide
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This guide is general financial information about divorce in New York and reflects New York law as of the date noted. It is not legal advice, and laws and individual circumstances change. Always consult a licensed New York attorney for advice specific to your situation.