CONTACT US TODAY

Call Us (631) 780-0085

Text Us

Menu
AWARD WINNING FAMILY LAW & DIVORCE ATTORNEYS
"I know you are tackling very private and sensitive issues. I will be at your side during every step of the legal process."
click here to request

How Is Alimony Calculated on Long Island, NY? Your 2025 Guide

If you’re facing a divorce on Long Island, one question likely looms large: How is alimony calculated? Whether you’re in Nassau County’s bustling Garden City or Suffolk County’s quiet Huntington, understanding spousal maintenance (as New York calls it) can ease the uncertainty of your financial future. At Palermo Law, we’ve guided countless Long Island families through this process with over 20 years of experience—and we’re here to break it down for you.

Alimony isn’t a one-size-fits-all number plucked from thin air. On Long Island, it’s a blend of statutory formulas, judicial discretion, and your unique circumstances. Let’s dive into how it works, what factors matter, and why a skilled Long Island divorce lawyer can make all the difference.

The Basics: What Is Alimony on Long Island?

In New York, alimony—officially “spousal maintenance”—is money one spouse pays another during or after a divorce to ensure fair support. It comes in three flavors:

  • Temporary Maintenance: Paid during the divorce process (pendente lite), ending when the case finalizes.
  • Post-Divorce Maintenance: Ongoing support after the divorce, either short-term or permanent.
  • Spousal Support: Pre-divorce aid during separation (less common).

On Long Island, courts aim to balance the needs of the lower-earning spouse with the paying spouse’s ability to contribute, reflecting New York’s equitable distribution laws. But how do they crunch the numbers?

The Formula: A Starting Point, Not the Final Word

New York uses a statutory formula to calculate temporary maintenance, giving judges a baseline. As of 2025, it caps the paying spouse’s income at $228,000 (adjusted periodically for inflation). Here’s how it works:

1. With Child Support Involved

  • Take 20% of the higher earner’s income (up to $228,000).
  • Subtract 25% of the lower earner’s income.
  • Result: The annual maintenance amount (if positive).
  • Example: If you earn $150,000 in Hauppauge and your spouse earns $50,000, it’s (20% of $150,000 = $30,000) – (25% of $50,000 = $12,500) = $17,500/year, or $1,458/month.

2. No Child Support

  • Take 30% of the higher earner’s income (up to $228,000).
  • Subtract 20% of the lower earner’s income.
  • Result: The annual amount.
  • Example: Same incomes, no kids: (30% of $150,000 = $45,000) – (20% of $50,000 = $10,000) = $35,000/year, or $2,917/month.

3. Second Check

  • Add both incomes, take 40% of that total, then subtract the lower earner’s income.
  • Compare this to the first result—courts use the lower of the two figures.
  • Example (No Kids): $150,000 + $50,000 = $200,000; 40% = $80,000; $80,000 – $50,000 = $30,000. Here, $30,000 beats $35,000, so it’s $2,500/month.

For incomes over $228,000—common in Long Island’s affluent areas like Great Neck or East Hampton—judges can adjust beyond the cap, but they’ll dig into other factors (more on that below).

Duration: How Long Will Payments Last?

The length of post-divorce maintenance ties to your marriage’s duration, guided by New York’s advisory schedule:

  • 0-15 Years: Payments last 15-30% of the marriage length (e.g., 10-year marriage = 1.5-3 years).
  • 15-20 Years: 30-40% (e.g., 18 years = 5.4-7.2 years).
  • Over 20 Years: 35-50% (e.g., 25 years = 8.75-12.5 years), or potentially permanent if need persists.

A 30-year marriage in Mineola with one spouse unable to work? Permanent maintenance isn’t off the table. A 5-year marriage in Babylon? Expect a shorter term—or none if both spouses are self-sufficient.

Beyond the Formula: Factors That Shape Alimony

Long Island courts don’t stop at math. Judges tweak awards based on:

  • Income Disparity: A stay-at-home parent in Jericho vs. a high-earning spouse in Melville? Expect higher maintenance.
  • Standard of Living: Did you enjoy a luxe lifestyle in the Hamptons? Courts aim to preserve that (within reason).
  • Age and Health: A 60-year-old spouse with health issues in Farmingdale might get longer support.
  • Contributions: Did one spouse sacrifice a career to raise kids in Oyster Bay? That’s a big factor.
  • Earning Potential: Can the lower earner retrain and work in Nassau’s job market? Courts weigh this.

Take a real case we handled: a 15-year marriage in Suffolk County, one spouse earning $200,000, the other at $40,000. The formula suggested $2,000/month, but the judge bumped it to $2,500/month for 6 years, factoring in the recipient’s limited job prospects and Long Island’s high cost of living.

Why Long Island Is Unique

Divorce on Long Island isn’t like upstate New York or even Manhattan. Our region’s blend of suburban wealth (think Roslyn) and working-class roots (like Lindenhurst) means courts see everything from modest cases to high-net-worth battles. Property values, local taxes, and commuting costs to NYC all play a role in what “fair” looks like here. Plus, Nassau and Suffolk County judges often know the local landscape—your attorney should too.

Taxes and Alimony: What’s Changed

Since 2019, federal tax rules shifted: alimony isn’t deductible for the payer or taxable for the recipient (for divorces finalized post-2018). New York state taxes still allow deductions, but this federal change can affect negotiations. Our team at Palermo Law stays on top of these quirks to protect your bottom line.

How to Get It Right: Work with a Long Island Expert

The formula’s just a starting point—courts can deviate if it’s “unjust.” That’s where we shine. With decades fighting for Long Island families, Palermo Law knows how to argue your case—whether you’re seeking support or minimizing payments. We’ve seen judges adjust awards up for a struggling spouse in Smithtown and down for a payer stretched thin in Westbury.

Need help with child support too? Check out the official New York State Child Support Calculator from the Division of Child Support Services to estimate those payments alongside alimony.

Ready to Take Control? Don’t guess your alimony outcome. Contact us for a free consultation—our Long Island divorce lawyers will map out your options, from filing in Nassau County Supreme Court to negotiating a fair settlement. Call today or contact us today to get started.