What Alimony Is and How It Works

Alimony is a court-ordered payment from one spouse to the other after divorce or separation

Alimony (also called spousal support or maintenance) is money one person pays to their former spouse after a divorce or legal separation. The paying spouse sends regular payments to the receiving spouse, usually monthly. The purpose is to help the lower-earning spouse maintain a standard of living similar to what they had during the marriage, or to give them time to become self-supporting.

Alimony is different from child support. Child support is for the children; alimony is for the ex-spouse. A court decides whether alimony is owed, how much, and for how long. The amount and duration depend on factors like how long the marriage lasted, each person's income and earning ability, and whether one spouse gave up education or career opportunities during the marriage.

Not every divorce includes alimony. Courts award it only when one spouse has a genuine financial need and the other has the ability to pay. If both spouses earn similar amounts or the marriage was short, a court may decide alimony is not necessary.

Key Takeaways

• Alimony is a payment from one ex-spouse to another, separate from child support and property division.
• A judge decides whether alimony is owed based on income differences, length of marriage, and whether one spouse sacrificed career opportunities.
• Alimony can be temporary (lasting a set number of years) or indefinite, depending on the marriage length and the judge's decision.
• The paying spouse can deduct alimony payments on their federal tax return only if the divorce was finalized before January 1, 2019.
• Alimony ends automatically if the receiving spouse remarries or either spouse dies, unless the court order says otherwise.

The four main types of alimony and when courts order each one

Temporary alimony (also called pendente lite) is paid during the divorce process, before the final judgment. It stops once the divorce is final and the judge decides on permanent alimony or decides none is owed. This type helps the lower-earning spouse pay bills and legal fees while the case is ongoing.

Durational alimony lasts for a set period of time after the divorce is final — for example, five years or ten years. The length is usually tied to how long the marriage lasted. A marriage of eight years might result in alimony lasting four to six years. This type is common when one spouse needs time to finish school, gain work experience, or rebuild earning power.

Rehabilitative alimony is designed to support a spouse while they train for a job or finish education. The court sets an end date based on how long the training takes. For example, if one spouse needs two years to complete a nursing degree, the court might order alimony for two years plus a few months.

Permanent alimony (also called indefinite alimony) continues until the receiving spouse remarries, either spouse dies, or the court changes the order. Courts order this type mainly in long marriages — typically 20 years or more — where one spouse has little earning ability and the other has substantial income. Permanent alimony is less common than it was 20 years ago.

How courts decide the amount and length of alimony

Judges use a list of factors set by state law to decide whether alimony is owed and how much. The most important factors are the income and earning ability of each spouse, the length of the marriage, and the standard of living during the marriage. A spouse who earned $30,000 a year while married to someone earning $100,000 a year is more likely to receive alimony than a spouse who earned $80,000.

Courts also consider whether one spouse stayed home to raise children or support the other spouse's education or career. If you left a job to put your spouse through medical school, or worked part-time while raising young children, a judge is more likely to award alimony. The court looks at your age, health, and job skills too. A 55-year-old with no recent work history faces different barriers than a 35-year-old with current job skills.

The length of the marriage matters significantly. A 30-year marriage carries more weight toward permanent alimony than a five-year marriage. Some states have guidelines or formulas — for example, alimony lasting one-third to one-half the length of the marriage for durational alimony — but judges can depart from these if the circumstances warrant it.

Some states use income-based formulas to calculate the amount. For example, a state might say alimony is 30 percent of the higher earner's income minus 20 percent of the lower earner's income, up to a cap. Other states leave the amount entirely to the judge's discretion. The rules vary significantly by state, so the amount and length in one state may look very different from another.

Tax treatment of alimony payments

The tax treatment of alimony changed in 2019. If your divorce was finalized before January 1, 2019, the paying spouse can deduct alimony payments on their federal tax return (Form 1040, Schedule 1), and the receiving spouse must report the payments as income. This means the paying spouse gets a tax break, and the receiving spouse pays tax on the money received.

If your divorce was finalized on or after January 1, 2019, alimony payments are not deductible by the paying spouse, and the receiving spouse does not report them as income. This change applies to all new divorces and to modifications of existing orders made after December 31, 2018, even if the original divorce was before 2019.

The receiving spouse should keep records of all alimony payments received, especially if the divorce predates 2019. If you are unsure whether your payments are deductible, check your divorce decree to see the finalization date, or speak with a tax professional who can review your specific situation.

When alimony ends or can be changed

Alimony ends automatically in most cases if the receiving spouse remarries. Some court orders specify that alimony continues even after remarriage, but this is uncommon. If the receiving spouse enters into a domestic partnership or cohabits with a partner in a way that resembles marriage, the paying spouse may be able to ask the court to reduce or stop alimony, though the rules vary by state.

Alimony also ends if either spouse dies. The paying spouse's estate is no longer obligated to make payments, and the receiving spouse loses the income. Some people buy life insurance to protect the receiving spouse in case of the paying spouse's death, but this is a choice, not a legal requirement.

Either spouse can ask the court to change the alimony amount or length if there is a significant change in circumstances. Common reasons include job loss, serious illness, a substantial raise, or retirement. The paying spouse must show that the change is real and lasting, not temporary. A court will not reduce alimony just because the paying spouse chose to take a lower-paying job or retired early without financial hardship.

How alimony differs from child support and property division

Alimony, child support, and property division are three separate parts of a divorce settlement, and they work differently. Property division is a one-time split of assets and debts — the house, retirement accounts, vehicles, and so on. It happens once at the end of the divorce.

Child support is a monthly payment for the children's care, education, and living expenses. It is based on both parents' incomes and the custody arrangement. Child support ends when the child turns 18 (or sometimes 19 or 21, depending on state law), or when the child finishes high school, whichever comes later. It is not affected by the receiving parent's remarriage.

Alimony is a payment for the ex-spouse's living expenses and is based on the spouses' incomes and the length of the marriage. It can end if the receiving spouse remarries, and it can be modified if circumstances change significantly. A divorce may include all three — property division, child support, and alimony — or only one or two, depending on the situation.

Frequently Asked Questions

Can I avoid paying alimony if I hide my income?

No. Courts have tools to find hidden income, including subpoenas to employers, bank records, and tax returns. Hiding income can result in contempt of court charges, which carry fines and possible jail time. If you are concerned about your ability to pay, speak with your attorney about what the court will likely order based on your actual financial situation.

What happens if the paying spouse stops making alimony payments?

The receiving spouse can file a motion for contempt of court. The court can order the paying spouse to pay the back amount owed plus interest, attorney fees, and court costs. The court can also garnish wages, seize tax refunds, or suspend a driver's license. Unpaid alimony is a serious legal matter.

Does alimony count as income for purposes of other benefits?

Yes, alimony is usually counted as income for programs like Medicaid, SNAP, and housing information. The receiving spouse may need to report it when renewing benefits. The rules vary by program, so check with the specific program if you receive alimony and also receive government support.

Can alimony be awarded in a legal separation instead of a divorce?

Yes. A legal separation is similar to a divorce in that a court divides property and can order alimony and child support. The main difference is that you remain legally married. Alimony in a legal separation works the same way as in a divorce, including the tax rules based on when the separation was finalized.

What if my ex-spouse is living with someone but not remarried?

Cohabitation does not automatically end alimony, but it may be grounds to ask the court to reduce or stop it. You would need to file a motion and show that the cohabitation has reduced your ex-spouse's financial need. The court will look at whether the cohabiting partner contributes to household expenses. The rules vary by state, so speak with an attorney about your situation.