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Maintenance And Property

Dom. Rel. Law § 236 — marital property divided equitably, separate property kept, and an advisory schedule for how long maintenance lasts

Marital property, divided equitably. Marital property is everything either or both spouses acquired during the marriage and before a separation agreement or the start of the divorce case, whoever holds title. It is distributed equitably between the spouses, considering the circumstances of the case and of each spouse.

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Separate property stays with its owner. It is:

  • Property acquired before the marriage, or by inheritance, or as a gift from someone other than the spouse.
  • Compensation for personal injuries.
  • Property acquired in exchange for separate property, and its increase in value, except where the increase is due in part to the other spouse's contributions or efforts.
  • Property a written agreement between the spouses calls separate.
Length of the marriageMaintenance payable for
Length of the marriageUp to and including 15 yearsMaintenance payable for15% to 30% of the length of the marriage
Length of the marriageMore than 15, up to and including 20 yearsMaintenance payable for30% to 40%
Length of the marriageMore than 20 yearsMaintenance payable for35% to 50%

The schedule is advisory: the court considers the factors the section lists and states them in writing or on the record, and it may award maintenance without a fixed end in an appropriate case. Post-divorce maintenance ends at either spouse's death or the payee's remarriage.

Sources for this section (1)
  1. Dom. Rel. Law § 236 — Special controlling provisions; prior actions or proceedings; new actions or proceedings

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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