What Alimony Payments Actually Look Like Across the United States
Alimony amounts vary so widely that no single "average" exists
There is no national average alimony payment because every state uses different formulas, judges have discretion within those formulas, and the specific facts of each marriage change the outcome. One person might pay $500 a month; another in the same state might pay $3,000. What matters is not what others pay, but what your state's law says and what a judge or settlement agreement decides based on your income, your ex's income, how long you were married, and your age and health.
If you are trying to estimate what you might pay or receive, you need to know your state's method first — then plug in real numbers from your own situation. Guessing based on someone else's case will mislead you.
Key Takeaways
- Alimony amounts depend on state law, not a national standard, and judges have room to adjust within their state's rules.
- Most states consider the paying spouse's income, the receiving spouse's income, length of marriage, and age or health when setting the amount.
- Some states use a formula (like a percentage of income difference) that produces a starting number; others leave it entirely to the judge.
- Temporary alimony during divorce proceedings is usually lower than permanent alimony after the divorce is final.
- The only way to know what you might owe or receive is to consult your state's statute or speak with a family law attorney in your state.
How states calculate alimony differently
About a dozen states have adopted formula-based alimony, which means the law gives judges a mathematical starting point. For example, some states say alimony is 30 percent of the paying spouse's gross income minus 20 percent of the receiving spouse's gross income, capped at a certain percentage of combined income. Florida, Texas, and Massachusetts use versions of this approach. The formula produces a number, but judges can still adjust it if the case has unusual facts.
Most other states use discretionary alimony, which means the judge looks at a list of factors — income, length of marriage, standard of living during marriage, age, health, education, earning capacity — and decides the amount. No two judges will reach the same number even in the same courthouse, because they weigh the factors differently. This is why two divorces in the same state can produce very different alimony orders.
A few states have moved toward limited or no alimony for shorter marriages. Some cap alimony duration at a percentage of the marriage length — a 10-year marriage might support alimony for 5 years, a 20-year marriage for 10 years. Others reserve alimony only for marriages over a certain length, like 20 years.
The difference between temporary and permanent alimony
Temporary alimony (called "alimony pendente lite" in some states) is paid during the divorce process, from the filing date until the divorce is final. It is usually lower than permanent alimony because it is meant to help the lower-earning spouse cover living expenses and legal costs while the case is ongoing. Judges often set temporary alimony quickly, sometimes at the first hearing, based on a straightforward income comparison.
Permanent alimony begins after the divorce is final and can last for years, decades, or until the receiving spouse remarries or either spouse dies — depending on the state and the order. Because it lasts longer, the monthly amount is often lower than temporary alimony, but the total paid over time is much larger. Some states call this "durational alimony" if it has an end date built in, or "indefinite alimony" if it has no set end date.
If you are in the middle of a divorce, do not assume the temporary amount you are paying or receiving now will be the permanent amount. They are usually different.
What income counts toward alimony calculations
States define "income" differently, and this changes the alimony number significantly. Most states include wages, salary, bonuses, and self-employment income. Many also count investment income, rental income, and retirement account withdrawals. Some include the value of a business or professional practice.
What is often excluded: child support received from another relationship, means-tested government benefits (like SNAP or housing information), and sometimes capital gains or one-time windfalls. A few states exclude overtime or commission income, or count it differently. If one spouse owns a business, the judge may impute income (assume earnings) based on the business's history or the spouse's earning capacity, even if the business currently shows a loss.
This is why two people with the same salary can end up with different alimony orders: one might have investment income or a rental property that counts, the other might not. If you are trying to estimate your own situation, list every source of income and check your state's statute to see which ones explore.
How long marriage length affects the amount
Longer marriages almost always result in higher alimony or longer duration. A marriage of 2 years and a marriage of 25 years are treated completely differently. In states with formula-based alimony, marriage length may be built into the formula itself — the longer the marriage, the higher the percentage. In discretionary states, judges use marriage length as one factor among many, but it usually carries significant weight.
Some states have created categories: short-term marriages (under 5 years), medium-term marriages (5 to 20 years), and long-term marriages (over 20 years). Each category may have different rules about whether alimony is available at all, how much it can be, and how long it lasts. A short-term marriage might result in no alimony at all, while a long-term marriage might result in indefinite alimony.
If you were married for only a few years, your state may not award alimony even if there is a large income gap. If you were married for decades, alimony is much more likely and may continue for the rest of your life.
Income gap and standard of living during the marriage
The larger the gap between what the two spouses earn, the higher the alimony is likely to be. A marriage where one spouse earned $200,000 and the other earned $30,000 will produce different alimony than a marriage where both earned $80,000. The judge is trying to keep the lower-earning spouse's standard of living closer to what it was during the marriage, so the bigger the gap, the more alimony is needed to do that.
Judges also look at what the couple's lifestyle actually was. Did they live modestly, or did they spend lavishly? Did they take expensive vacations, live in a high-cost neighborhood, or send children to private school? The standard of living during the marriage sets a baseline for what alimony should support. If the couple lived well, the receiving spouse's alimony is usually higher than if they lived frugally.
This is why a high-earning spouse who lived a modest life during the marriage might pay less alimony than a high-earning spouse who lived extravagantly. The judge is not trying to punish the higher earner; they are trying to prevent a dramatic drop in the lower earner's living standard.
Age, health, and earning capacity matter too
A 35-year-old with a college degree and a work history can retrain or find new work more easily than a 62-year-old who has not worked in 30 years. Judges consider this when setting alimony. The younger spouse with earning capacity may receive less alimony or for a shorter time, because they are expected to become self-supporting. The older spouse or the one with health problems may receive more alimony or indefinitely, because they may never be able to support themselves fully.
If one spouse sacrificed education or career to raise children or support the other spouse's career, judges often recognize that as reducing their current earning capacity. A spouse who left the workforce 20 years ago to raise children may have lower earning capacity than their age alone would suggest, and this can increase alimony.
Health also matters. If the receiving spouse has a serious illness or disability that limits work, alimony is likely to be higher or longer. If the paying spouse has health problems that reduce their income or earning capacity, alimony may be lower.
Frequently Asked Questions
Can alimony be modified if my income changes?
Yes, in most states. If your income drops significantly (job loss, illness, retirement) or increases substantially, you can ask the court to modify the alimony order. The receiving spouse can also ask for an increase if their circumstances change. You must show a material change in circumstances — a small raise or demotion usually is not enough. The process requires filing a motion with the court and often involves a hearing.
What happens to alimony if the receiving spouse remarries?
In most states, alimony ends automatically if the receiving spouse remarries. Some states also end alimony if the receiving spouse lives with a partner in a committed relationship, though the rules vary. Alimony also typically ends if either spouse dies. Check your state's law and your divorce order, because some orders have different terms.
Is alimony tax-deductible for the payer?
As of 2019, alimony is no longer tax-deductible for the payer or taxable income for the receiver in most cases. This changed under the Tax Cuts and Jobs Act. Divorce orders signed before January 1, 2019, may still have the old tax treatment. Consult a tax professional or family law attorney about your specific situation, because the rules depend on when your order was signed.
How do I find out what my state's alimony formula is?
Search "[your state] alimony statute" or "[your state] spousal support law" online, or contact your state bar association's lawyer referral service. Many state court websites also have family law guides. A family law attorney in your state can explain how the formula or discretionary factors explore to your income and circumstances.
Can alimony be waived in a divorce settlement?
Yes. If both spouses agree in writing to waive alimony, most judges will approve it as part of a settlement agreement. However, some states do not allow waiver of alimony in certain situations — for example, if one spouse would otherwise need public information. An attorney in your state can tell you whether waiver is possible in your case.
This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.