Maintenance Formula

If your divorce is new or occurred after January 25, 2016, the Maintenance Guidelines Law ([S. 5678/A. 7645], Chapter 269, Laws of 2015) you fall under the statutory "Maintenance" guidelines. Although your spouse may not necessarily be seeking spousal maintenance or alimony in your divorce action, the notice must be given.

Based upon the statute there is an obligation to award the guideline amount of maintenance on income up to $184,000 as of 2020 to be paid by the party with the higher income (the maintenance payor) to the party with the lower income (the maintenance payee), according to a formula, unless the parties agree otherwise or waive this right. Depending on the incomes of the parties, the obligation might fall on either the Plaintiff or Defendant in the action.

There are two formulas to determine the amount of the obligation.

Lower Formula:

This formula applies if there are children of the marriage, but only if the maintenance payor is paying child support to the other spouse who has the children as the custodial parent. Otherwise the higher formula will apply.

1-Multiply Maintenance Payor's Income by 20%

2- Multiply Maintenance Payee's Income by 25%.

Subtract Line 2 from Line J: = Result 1

Subtract Maintenance Payee's Income from 40% of Combined Income* = Result 2.

Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero.

Higher Formula:

​This formula applies if you and your spouse have no children.

1-Multiply Maintenance Payor's Income by 30%

2- Multiply Maintenance Payee's Income by 20%

Subtract Line 2 from Line 1= Result 1

Subtract Maintenance Payee's Income from 40 % of Combined Income*= Result 2

Enter the lower of Result 2 or Result 1, but if less than or equal to zero, enter zero

*Combined Income equals Maintenance Payor's Income up to $184,000.00 plus maintenance Payee's Income. Note: The Court will determine how long maintenance will be paid in accordance with the statute.

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Updated: May 31, 2020

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