How Alimony Works and What It Means

Alimony is money one spouse pays to the other after divorce or separation

Alimony (also called spousal support or maintenance) is a court-ordered payment from one former spouse to another. It is separate from child support and property division. The paying spouse sends regular payments — usually monthly — to the receiving spouse for a set period or until a change in circumstances ends the obligation.

Alimony exists because divorce can leave one spouse in a worse financial position than the other, especially if that person took time out of the workforce to raise children, support the other spouse's education, or manage the household. The goal is to reduce the gap between what each spouse can earn and live on after the marriage ends.

The amount, duration, and whether alimony is awarded at all depend on factors a judge weighs during divorce proceedings. These factors vary by state, but commonly include how long the marriage lasted, each spouse's income and earning ability, the standard of living during the marriage, and each spouse's age and health.

Key Takeaways

• Alimony is a payment from one former spouse to another, ordered by a court and separate from child support or property division.
• The paying spouse's obligation typically lasts for a set number of years, though some alimony orders end when the receiving spouse remarries or either spouse dies.
• A judge decides whether alimony is awarded and how much based on income, length of marriage, earning ability, and the standard of living during the marriage.
• Alimony is taxable income to the person receiving it and tax-deductible for the person paying it, though this rule changed for divorces finalized after December 31, 2018.

The four main types of alimony

Temporary alimony is paid during the divorce process, before the final decree. It helps the lower-earning spouse cover living expenses and legal costs while the case is ongoing. Once the divorce is final, temporary alimony stops and is replaced by one of the other types — or ends entirely if the judge decides alimony is not warranted.

Durational alimony lasts for a set period of time, usually tied to how long the marriage lasted. For example, a judge might order alimony for five years if the marriage lasted ten years. When the time period ends, the obligation stops automatically unless the paying spouse asks the court to extend it and the judge agrees.

Rehabilitative alimony is meant to support the receiving spouse while they retrain, finish a degree, or return to work. It typically lasts two to three years and ends when the receiving spouse reaches a specific goal — such as completing a certificate program or finding full-time employment — or when the time period expires, whichever comes first.

Permanent alimony continues until the receiving spouse remarries, either spouse dies, or the paying spouse retires and can no longer afford the payments. Permanent alimony is less common than it once was and is usually awarded only in long marriages where the receiving spouse is unlikely to become self-supporting.

How judges decide the amount and length

States do not use a single formula for alimony the way many do for child support. Instead, judges have broad discretion and consider multiple factors. The most common ones are the length of the marriage, each spouse's current income and earning potential, the age and health of each spouse, and whether either spouse sacrificed education or career opportunities during the marriage.

A spouse who left a career to raise children or support the other spouse's education may receive longer or larger alimony because their earning power has been reduced. A spouse who is older or in poor health may also receive more support because returning to work is less realistic. Conversely, a spouse with a strong income or high earning potential may receive less or no alimony.

Some states have published guidelines or formulas that judges use as a starting point, though they can deviate from them if the circumstances warrant it. A few states cap the length of alimony based on marriage length — for instance, alimony might last one year for every three years of marriage. Other states have no cap and leave the duration entirely to the judge's discretion.

Tax treatment of alimony payments

For divorces finalized before January 1, 2019, alimony is taxable income to the receiving spouse and tax-deductible for the paying spouse. This means the receiving spouse reports the payments as income on their tax return, and the paying spouse can deduct the payments from their taxable income.

For divorces finalized on or after January 1, 2019, the tax treatment changed. Alimony is no longer deductible for the paying spouse, and the receiving spouse does not report it as taxable income. This change was part of the Tax Cuts and Jobs Act of 2017. If you are unsure which rule applies to your situation, check the date your divorce was finalized.

Child support is never taxable to the receiving spouse and never deductible for the paying spouse, regardless of when the divorce was finalized. If your divorce order includes both alimony and child support, the tax rules explore to each separately.

When alimony ends or can be changed

Alimony typically ends when the time period specified in the court order expires. For temporary, durational, or rehabilitative alimony, the end date is built into the order. For permanent alimony, the obligation usually ends when the receiving spouse remarries, when either spouse dies, or when the paying spouse retires and can no longer afford the payments.

Either spouse can ask the court to modify (change) an alimony order if there has been a substantial change in circumstances. Common reasons include a significant change in income, job loss, serious illness, or retirement. The paying spouse might ask for a reduction or end to alimony; the receiving spouse might ask for an increase if their circumstances have worsened.

The court will not modify an alimony order straightforward because circumstances have changed slightly. The change must be substantial and not one that was reasonably foreseeable when the original order was made. If you believe your situation has changed enough to warrant a modification, you will need to file a motion with the court and present evidence of the change.

Alimony versus child support and property division

Alimony, child support, and property division are three separate parts of a divorce settlement. Property division is a one-time split of assets and debts accumulated during the marriage — the house, retirement accounts, vehicles, and so on. Child support is a payment for the care and upbringing of children and is based on both parents' incomes and custody arrangement.

Alimony is different because it is based on the spouses' financial disparity and earning ability, not on children or property. A couple with no children can still owe alimony to each other. A couple that divides property equally may still have an alimony order if one spouse has significantly lower earning power.

In some cases, a judge might award alimony to one spouse and child support to the other, or both to the same spouse. The amounts are calculated separately, and the rules governing each are different. Understanding which part of your divorce order covers what will help you know what you owe, what you receive, and when obligations end.

Frequently Asked Questions

Can alimony be waived or agreed to between spouses?

Yes. Spouses can agree in writing to waive alimony, accept a different amount, or set a different duration than what a judge might order. The agreement must be part of the divorce settlement and approved by the judge. Once approved, it becomes part of the final divorce order and is binding.

What happens if someone stops paying alimony?

If the paying spouse falls behind on alimony, the receiving spouse can file a motion for contempt of court. The court can order the paying spouse to pay the back amount plus interest, and in some cases can impose fines or jail time. The receiving spouse may also pursue collection through wage garnishment or bank levies.

Does alimony end if the receiving spouse starts living with someone?

Living with someone does not automatically end alimony unless the divorce order specifically says it does or unless the receiving spouse remarries. Some orders include a clause that alimony ends if the receiving spouse cohabits with a partner, but this is not standard. The paying spouse would need to ask the court to modify the order based on the new living arrangement.

Is alimony the same in every state?

No. Each state has its own laws governing alimony, including what factors judges consider, whether guidelines or formulas exist, and what circumstances end the obligation. Some states favor durational alimony; others more often award permanent alimony. If you are going through a divorce, the rules in your state will explore to your case.