Reviewed August 2026
Court Hearings in New York
A New York divorce case starts in Supreme Court. Once a judge is assigned, motion practice becomes the main way either spouse gets help before trial or settlement. The most common early motion asks for pendente lite relief: temporary support while the case is pending. New York calculates that support with a statutory guideline formula, not judicial discretion alone. Domestic Relations Law 236, Part B, Subdivision 5-a sets the formula for temporary maintenance in matrimonial actions. It applies percentages to each spouse's income, up to an adjusted cap. The calculation differs depending on whether child support is also owed. A court can deviate from the guideline amount only if it finds the result unjust or inappropriate. It must explain why in writing. Early in the case, New York's court rules also require a preliminary conference. There, the court and both sides cover scheduling, discovery, and which issues remain contested before the case moves forward.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how court hearings works under New York law for people researching before they file. It is not legal advice, and Virdix does not prepare or file New York paperwork. See how Virdix works for California divorces.
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Temporary maintenance under DRL 236(B)(5-a)
New York's temporary maintenance guideline, DRL 236(B)(5-a), applies to matrimonial actions. It sets the formula courts use to calculate pendente lite maintenance. The calculation differs depending on whether the paying spouse also owes child support.
When child support is owed, the formula subtracts 25 percent of the receiving spouse's income from 20 percent of the paying spouse's income. That result is compared to a separate 40 percent combined-income calculation. The lower figure applies. When no child support is owed, the formula subtracts 20 percent of the receiving spouse's income from 30 percent of the paying spouse's income, under a similar comparison. The formula applies to payor income up to a statutory cap of $184,000. This cap adjusts periodically.
When a court can deviate from the guideline amount
A judge is not locked into the guideline figure. The court can adjust the temporary maintenance amount if it finds the guideline result unjust or inappropriate. Factors it weighs include the parties' age and health, earning capacity, education needs, child care responsibilities, any history of domestic violence, and the marital standard of living. When a court deviates from the formula, it must document its reasoning in the order. Temporary maintenance under this section ends no later than the entry of the judgment of divorce, or on the death of either party, whichever comes first.
Filing a pendente lite motion
Either spouse can move for pendente lite relief once the case is filed. This motion asks the court to set temporary maintenance, child support, or other interim terms while the case proceeds. Financial disclosure supports the motion. Once decided, the resulting order governs only until the case resolves by settlement or trial. The guideline formula gives both spouses a way to estimate the likely range of a temporary award. Because of that, pendente lite motions in New York tend to focus on whether guideline circumstances or a deviation argument apply, instead of starting from a blank slate.
The preliminary conference
New York's Uniform Rules for the trial courts require a preliminary conference early in a matrimonial action. There, the court and both parties set the schedule for the rest of the case, including discovery deadlines and any pending motions. This conference handles scheduling and case management. It is not a hearing on the merits of custody, support, or property division. Still, it sets the framework the rest of the litigation follows.
What to expect at a motion hearing
New York motions are often decided largely on the papers: the written motion, supporting affidavits, and any opposition. Oral argument gets added only where the court finds it useful or a party requests it. Some New York counties handle matrimonial motions through dedicated matrimonial parts, with judges who focus on divorce cases. Others assign matrimonial actions to the general Supreme Court civil calendar. Check the specific county's Supreme Court rules and the assigned judge's individual part rules to know how a given motion will be scheduled and heard.
Sources: New York Domestic Relations Law 236, Part B, Subdivision 5-a, temporary maintenance guidelines
Not independently confirmed
- This page's DRL 236 citation was confirmed through an alternate fetch method after nysenate.gov and nycourts.gov both returned bot-mitigation challenges (HTTP 403/Cloudflare) to direct automated verification and the archive.org fallback was rate-limited during this session; re-verify both sites are live and re-check the current income cap figure before publishing.
- The specific Uniform Rules citation for New York's matrimonial preliminary conference (commonly cited as 22 NYCRR 202.16) could not be independently confirmed this session because nycourts.gov blocked automated access; confirm the current rule number and requirements directly at nycourts.gov.
- Which New York counties currently operate dedicated matrimonial parts, and specific remote-appearance availability, were not verified county by county for this page.
Court Hearings in New York: frequently asked questions
How is temporary maintenance calculated in a New York divorce?+
Under DRL 236(B)(5-a), the court applies a statutory formula to each spouse's income up to an adjusted cap, currently $184,000. The calculation differs depending on whether child support is also being paid. In cases involving child support, the court uses the lower of two formula results.
Can a New York judge deviate from the temporary maintenance guideline?+
Yes. A court can adjust the amount if it finds the guideline result unjust or inappropriate. It weighs factors like age, health, earning capacity, education needs, child care responsibilities, domestic violence history, and the marital standard of living. The court must explain its reasoning in writing when it deviates.
What is a pendente lite motion in a New York divorce?+
It is a motion asking the court for temporary relief, most often maintenance or child support, while the divorce case is pending. New York calculates temporary maintenance using the statutory guideline formula. The resulting order applies only until the case resolves.
What happens at a preliminary conference in a New York divorce case?+
The court and both parties cover case scheduling, discovery deadlines, and the status of any pending motions. It is a case-management step, not a hearing on custody, support, or property. Still, it sets the timeline the rest of the case follows.
When does temporary maintenance end in New York?+
Temporary maintenance under DRL 236(B)(5-a) ends no later than the entry of the judgment of divorce, or on the death of either party, whichever happens first. It does not carry over automatically into any post-divorce maintenance award.
Do New York divorce motions require an in-person hearing?+
Not always. Many motions are decided largely on the written papers. Oral argument may be added if the court finds it useful or a party requests it. Some counties use dedicated matrimonial parts, so scheduling practices vary by county and by the assigned judge's individual rules.
This page is general information about court hearings in New York, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with New York's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in New York. Virdix does not prepare or file New York divorce paperwork. It is not a substitute for an attorney licensed in New York.
More New York divorce guides
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