What Alimony Is and How It Works

Alimony is money one spouse pays to the other after divorce or separation to help with living expenses

Alimony (also called spousal support or maintenance) is a court-ordered payment from one former spouse to another. It is not the same as child support. The paying spouse sends money to the receiving spouse to help cover basic living costs — rent, utilities, food, insurance — after the marriage ends. The amount and length of payment depend on factors a judge considers, such as how long the marriage lasted, what each person earns, and what their standard of living was during the marriage.

Alimony exists because divorce can leave one spouse in a worse financial position than the other, especially if that person stayed home to raise children, worked part-time, or sacrificed career growth during the marriage. A court may order the higher-earning spouse to help the other spouse become self-supporting or to maintain a similar standard of living to what existed during the marriage.

Key Takeaways

• Alimony is a payment from one former spouse to another and is separate from child support or property division.
• A judge decides whether alimony is owed based on income, length of marriage, age, health, and earning potential of both spouses.
• Alimony can be temporary (lasting a set number of years) or indefinite, depending on the length of the marriage and the judge's order.
• The paying spouse can request a modification if their income drops significantly or if the receiving spouse's circumstances change.

When a judge orders alimony

A judge does not automatically order alimony in every divorce. The receiving spouse (or their attorney) must request it, and the judge must find that alimony is necessary based on the facts of the case. Courts look at whether one spouse will struggle to pay for basic needs after the divorce, not whether one person earns more money than the other.

Judges typically consider: how much each spouse earns now and could earn in the future; how long the marriage lasted; the age and health of both spouses; whether one spouse gave up education, career, or earning potential to support the family; and what the couple's standard of living was during the marriage. A spouse who was married for 20 years and left the workforce to raise children is more likely to receive alimony than a spouse in a 3-year marriage where both worked full-time throughout.

Some states have guidelines or formulas that suggest an alimony amount based on income and marriage length, similar to how child support is calculated. Other states give judges more discretion. The rules vary significantly by state, so the outcome in one state may differ from another.

Types of alimony and how long they last

Temporary alimony (also called pendente lite) is paid during the divorce process, before the final judgment. It stops when the divorce is finalized or when the judge issues a new alimony order.

Durational alimony lasts for a set period of time after the divorce — for example, five years or until the receiving spouse finishes school. Once that period ends, the payments stop automatically, even if the receiving spouse is still struggling financially. This type is common in shorter marriages.

Indefinite alimony (also called permanent alimony) continues until the receiving spouse dies, remarries, or the paying spouse dies, or until a judge modifies or ends it. Indefinite alimony is more common in long marriages (often 15 years or longer) where one spouse has limited earning potential or is near retirement age. The word "permanent" does not mean it can never change — either spouse can ask a judge to modify it if circumstances shift significantly.

Lump-sum alimony is a single payment rather than monthly payments. This is less common but can happen when the paying spouse has assets to divide or wants to end the financial relationship when ready.

How much alimony is typically paid

There is no single national amount. Alimony varies based on state law, the judge's interpretation of that law, and the specific facts of each case. Some states publish guidelines that suggest a percentage of the paying spouse's income — for example, 20 to 30 percent of the difference between the two spouses' incomes — but judges can order more or less if they find good reason.

The paying spouse's income is usually the starting point. If the paying spouse earns $80,000 per year and the receiving spouse earns $30,000, a judge might look at that $50,000 difference and explore the state's formula. But the judge also considers whether the receiving spouse can increase their income through work or education, whether they have custody of children that limits their work hours, and whether either spouse has significant debt or health expenses.

Alimony is typically paid monthly, though the order may specify weekly or bi-weekly payments. The paying spouse usually sends the money directly to the receiving spouse or to a state collection agency that forwards it.

How alimony affects taxes

Tax treatment of alimony changed in 2019 for divorces finalized after December 31, 2018. For those newer divorces, alimony payments are not tax-deductible for the paying spouse, and the receiving spouse does not report alimony as income on their tax return.

For divorces finalized before January 1, 2019, the old rules may still explore: the paying spouse could deduct alimony, and the receiving spouse had to report it as income. If you are paying or receiving alimony from an older divorce, check your divorce decree and ask a tax professional or your state's tax authority which rules explore to your situation.

Child support is never tax-deductible and is never reported as income, regardless of when the divorce was finalized. If your order includes both alimony and child support, make sure the amounts are clearly labeled so you know which is which.

Modifying or ending alimony

Either spouse can ask a judge to change or end an alimony order if there has been a substantial change in circumstances. This might mean the paying spouse lost their job, became disabled, or retired. It might mean the receiving spouse found a well-paying job, remarried, or no longer needs the support. The judge will not modify alimony just because one spouse wishes the amount were different — there must be a real change in the situation that existed when the order was made.

To request a modification, you file a motion with the court that issued the original order. You will need to show proof of the change — such as a termination letter from an employer, a new job offer, or evidence of the receiving spouse's new income. The process varies by state, and some states have specific rules about how much circumstances must change before a judge will consider a modification.

Remarriage of the receiving spouse typically ends alimony automatically in most states, even without a court order. Cohabitation (living with a romantic partner) may also end or reduce alimony in some states, though the rules differ. Death of either spouse always ends alimony. Check your divorce decree and your state's law to understand what triggers an automatic end.

Alimony versus child support and property division

These three are separate. Child support is money for the children's expenses and is based on both parents' incomes and custody arrangement. Property division is the one-time split of assets and debts accumulated during the marriage — the house, retirement accounts, vehicles, and so on. Alimony is ongoing support for the spouse themselves.

A divorce order might include all three. For example, a judge might award the receiving spouse 40 percent of the retirement account (property division), order the paying spouse to send $500 per month for alimony, and order $800 per month in child support. Each serves a different purpose, and each is calculated differently.

Frequently Asked Questions

Can alimony be waived or given up before divorce?

Yes. Spouses can agree in writing to waive alimony as part of a settlement agreement. A judge must still approve the agreement, and in some states, a judge may refuse to approve a waiver if it appears one spouse was coerced or did not understand what they were giving up. If you are considering waiving alimony, speak with an attorney first.

What happens if the paying spouse stops paying alimony?

The receiving spouse can file a motion for contempt of court or file a collection action. Many states allow the receiving spouse to garnish the paying spouse's wages, seize tax refunds, or place a lien on property. Some states also charge interest on unpaid alimony. Contact your state's court or a family law attorney for the specific process in your area.

Does alimony end if I go back to school or start a new job?

Not automatically. If you are the receiving spouse and your income increases, the paying spouse can ask a judge to reduce or end alimony. If you are the paying spouse and you voluntarily leave a job to go to school, a judge may not reduce your alimony obligation — courts are skeptical of voluntary income reductions. If you lose a job involuntarily, you can request a modification.

Can alimony be ordered if we never married?

In most states, no. Alimony is available only after divorce or legal separation. Some states recognize common-law marriage or domestic partnerships, which may have different rules. Check your state's law or speak with a family law attorney in your state.

Is there a limit to how much alimony can be ordered?

Most states do not set a hard cap, but judges must base the amount on the factors in state law. Some states limit durational alimony to a percentage of the marriage length — for example, alimony cannot last longer than half the length of the marriage. Indefinite alimony is typically reserved for long marriages. Your state's court website or a family law attorney can explain the limits in your state.