Most of the times in the uncontested divorce actions, the parties agree to waive maintenance. If the matrimonial action is contested, New York Law provides a specific formula for calculation of temporary maintenance while the divorce action is pending. The court will use the formula to calculate the spousal support and will factor things such as payment of household expenses and the like.

Permanent spousal support amount is based on various factors listed in the law, including disparity of income, ability of the spouse to obtain future employment, age of the parties, length of the marriage, contributions to the marriage, etc.