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Spousal Maintenance | NY Uncontested Divorce

When people divorce in New York, sometimes one party agrees to pay the other party maintenance (formerly called alimony) for a period of time. Usually maintenance is agreeable when there is a substantial disparity in incomes, or when one party stayed home to care for children and lost out on career opportunities, or when one party is disabled and unable to work. The amount and length of time that maintenance payments are made is calculated based on a formula. The amount of maintenance can be calculated using the NYS Maintenance Calculator.

Should Spousal Maintenance Be Paid

Maintenance is generally awarded to a spouse for the purpose of encouraging economic independence from the other spouse. However, people that are seeking an uncontested divorce usually have already decided how much maintenance is to be paid, if any, regardless of the maintenance formula, and are generally allowed by the Court to do so.

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How Long is Maintenance Paid

The length of time that maintenance is payable can be between 15% and 50% of the length of the marriage. The length of time for maintenance payable can be calculated using the NYS Maintenance Calculator.

Is Maintenance Tax Deductible

In the years prior to 2018, spousal maintenance was taxable income to the spouse receiving it, and tax deductible to the spouse that paid it. Starting in 2019, Maintenance Awards became tax neutral, meaning there are no tax consequences for either side, much like the tax treatment of child support. (see Tax Cuts and Jobs Act of 2017)

Spousal Maintenance | NY Uncontested Divorce

Compare Flat Fee Uncontested Divorce Plans

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1000+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITHOUT Children Under Age 21 AND
Divide Our Property and Debts

$1250+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Each Person Keeps Their Own Property and Debts

$1350+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and stating that each party keeps their own assets and pays their own debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.

Uncontested Divorce


WITH Children Under Age 21 AND
Divide Our Property and Debts

$1500+

Court Costs ($350)

  • Free Consultation with Attorney Underwood to discuss the terms of the agreement and to answer your questions.
  • Free Calculation of Maintenance (formerly alimony), if maintenance is part of your agreement.
  • Free Calculation of Child Support.
  • Free phone calls and emails with Attorney Underwood to answer additional questions.
  • All documents are prepared by Attorney Underwood.
  • Written Divorce Agreement to be signed by both parties setting forth custody, visitation, child support, health insurance, uninsured medical, etc., and spelling out the division of assets and debts.
  • Preparation of All Uncontested Divorce Papers.
  • Filing of Your Divorce Papers with the Court.
  • Final Judgment of Divorce, and Divorce Agreement.
  • Entire process done through email and US Mail.
NY Child Support Calculator
NY Maintenance Calculator