Reasons You May Not Receive Alimony

What can stop you from receiving alimony

Whether you receive alimony depends on state law, your income compared to your spouse's, how long you were married, and your ability to support yourself. Courts do not award alimony in every divorce. Some states require you to prove financial need; others look at whether your spouse has the ability to pay. A judge will also consider whether you contributed to the marriage in ways that affected your earning power — such as leaving a career to raise children or manage a household.

The most common reason alimony is not awarded is that both spouses have similar incomes and neither one needs financial support. If you earn as much as or more than your spouse, a court is unlikely to order payments. Courts also deny alimony when the marriage was short — typically under five years — unless there are other circumstances like a significant age gap or a disability that prevents you from working.

Your own conduct during the marriage or divorce can also affect whether you receive alimony. In some states, infidelity or abuse by the spouse seeking alimony can reduce or eliminate an award. The specific rules vary by state, so the outcome depends partly on where you live and where the divorce is filed.

Key Takeaways

• Courts award alimony only when one spouse has significantly higher income and the other cannot fully support themselves.
• Short marriages — usually under five years — rarely result in alimony unless there are special circumstances like disability or a large age difference.
• If you have the same income as your spouse or earn more, a court will likely not order alimony payments.
• Your conduct during the marriage, including infidelity or abuse, may reduce or eliminate alimony in some states.
• The rules for what disqualifies you from alimony differ by state, so the outcome depends on your location and the specific facts of your case.

Income and earning capacity matter more than need alone

Courts do not award alimony straightforward because one spouse wants money. They award it when one spouse cannot meet basic living expenses on their own income and the other spouse has the means to help. If you work full-time and earn a middle-class salary, and your spouse earns a similar amount, neither of you will receive alimony even if you claim hardship.

A judge will look at your actual income — wages, self-employment earnings, rental income, investment returns — and also your earning capacity, which is what you could reasonably earn if you worked. If you have a college degree and job skills but choose not to work, a court may count what you could earn as if you were working. This is called "imputed income." If you could earn $50,000 per year but choose to work part-time for $20,000, the judge may use $50,000 in the calculation.

Your spouse's income must also be substantially higher than yours for alimony to be likely. "Substantially" varies by state and by the judge, but generally means a clear gap — not a difference of a few thousand dollars per year. If you earn $60,000 and your spouse earns $65,000, you will not receive alimony. If you earn $30,000 and your spouse earns $150,000, you are more likely to receive it.

Length of marriage affects whether alimony is awarded

The longer you were married, the more likely alimony is. Most states have informal thresholds: marriages under five years are considered short, marriages of five to ten years are medium, and marriages over ten years are long. Short marriages rarely result in alimony unless you have a disability, are significantly older than your spouse, or left a career to support your spouse's education or business.

In a short marriage where both spouses are healthy and able-bodied, courts typically assume you can return to work or support yourself without ongoing payments. The reasoning is that you did not sacrifice your career for the marriage, so you do not need years of financial support to rebuild.

Medium-length marriages fall into a gray area. A judge may award alimony for a set period — often half the length of the marriage — to give you time to retrain or return to work. Long marriages, especially those lasting twenty years or more, are more likely to result in alimony with no end date or a very distant end date, because courts recognize that you may have permanently reduced your earning power by staying out of the workforce.

Your age and health status influence the decision

If you are young and in good health, a court assumes you can work and support yourself. A 35-year-old with no disabilities will have a harder time receiving alimony than a 62-year-old, even in the same marriage length and income situation. Courts reason that younger people have decades of earning potential ahead and can retrain or find employment.

A significant age gap can change this calculation. If you are much older than your spouse — say, fifteen or twenty years older — and you left the workforce during the marriage, a judge may award alimony even in a relatively short marriage, because you may not be able to return to work before retirement age.

Serious health problems or disabilities that prevent you from working strengthen your case for alimony. If you have a condition that makes employment impossible or very limited, a court is more likely to order your spouse to support you. You will need medical documentation, not just your own statement about your health.

Infidelity and misconduct can reduce or eliminate alimony

In some states, the spouse seeking alimony cannot have committed infidelity or serious misconduct during the marriage. The rules vary widely: some states ignore infidelity entirely and focus only on income and need, while others treat it as a reason to reduce or deny alimony. A few states still have "fault" divorce laws where infidelity by the spouse seeking alimony is a strong bar to receiving it.

Abuse by the spouse seeking alimony — such as domestic violence against the other spouse — can also disqualify you in some states. Courts reason that they should not order one spouse to support another who harmed them. Again, this depends on your state's law.

If you are in a state where misconduct matters, you will need to know the specific rule. Some states only consider infidelity; others look at abandonment, cruelty, or substance abuse. The burden of proof is usually on the spouse claiming misconduct, so they must present evidence — not just accusations.

Cohabitation and remarriage end alimony

If you move in with a new romantic partner, your alimony may be reduced or stopped, depending on your state's law. The reasoning is that if you are living with someone who shares expenses with you, you need less support from your ex-spouse. You do not have to marry the person for this to explore — cohabitation alone can trigger a change.

If you remarry, alimony almost always stops. Your new spouse becomes your primary source of financial support, and your ex-spouse is no longer responsible. This is true in all states.

If you believe your alimony should change because of cohabitation or remarriage, you or your ex-spouse can file a motion to modify the alimony order. The court will review the new circumstances and decide whether to reduce, eliminate, or keep the payments the same.

Voluntary unemployment or underemployment may not help your case

If you quit a job or reduce your work hours to appear poorer and receive alimony, a court may not accept that. Judges can impute income based on your earning capacity, which means they calculate what you should be earning even if you are not actually earning it. If you have a professional license, a college degree, or a work history showing you earned more in the past, a judge may use that higher amount in the alimony calculation.

This rule protects the paying spouse from supporting someone who is deliberately underemployed. However, it does not mean you must work in a high-paying job you dislike. If you have a legitimate reason to change careers — such as health problems, caregiving responsibilities, or a genuine change in your skills — a court may accept a lower income. You will need to explain the reason and show it is genuine.

Frequently Asked Questions

Can I lose alimony if I start living with someone?

In many states, yes. Cohabitation — living with a romantic partner — can trigger a reduction or elimination of alimony. The exact rule depends on your state. Some states require the cohabiting partner to contribute financially to your household; others stop alimony straightforward because you are sharing living expenses. If this happens, your ex-spouse can file to modify the alimony order.

Does infidelity always stop alimony?

No. Some states ignore infidelity entirely when deciding alimony, focusing only on income and need. Other states treat it as a factor that can reduce or eliminate alimony. A few states still use "fault" rules where infidelity by the spouse seeking alimony is a strong bar. You need to know your state's specific law to understand whether it applies to your situation.

What if I was married for only two years?

Short marriages rarely result in alimony unless you have a disability, are significantly older than your spouse, or left a career to support your spouse. Courts assume you can support yourself without long-term payments. However, if you have special circumstances — such as a serious health condition or a large age gap — you may still receive alimony for a limited time.

Can I get alimony if I earn more than my spouse?

No. Alimony is awarded to the lower-earning spouse when there is a significant income gap and financial need. If you earn more than your spouse, you would be the one potentially paying alimony, not receiving it. The direction of payment is based on who has the higher income and ability to pay.

What happens to alimony if I get remarried?

Alimony stops when you remarry. Your new spouse becomes your primary source of financial support, and your ex-spouse is no longer responsible for payments. This is true in all states. If you are receiving alimony and planning to remarry, inform your ex-spouse or their attorney, as the alimony order will need to be formally terminated.