How does alimony work?

Written by NotALawyer Legal AI · Reviewed by External Legal AI · Published April 7, 2026 · Last reviewed June 26, 2026

Alimony — also called spousal support or maintenance — is money one spouse pays the other after a separation or divorce. The point is to help the lower-earning spouse keep a reasonable standard of living while they move toward supporting themselves. Many divorces involve no alimony at all, and the rules vary a lot from state to state.

Alimony isn't automatic — judges weigh several factors

A court looks at how long the marriage lasted, each spouse's income and earning power, age, health, contributions to the marriage (including raising kids and running the home), and the standard of living you both built. No single factor decides it.

There are different types, for different situations

Temporary alimony covers the divorce process itself. Rehabilitative alimony funds education or training so a spouse can become self-supporting. Permanent alimony (now rare) continues indefinitely, usually after long marriages where one spouse can't realistically earn enough.

How long it lasts usually tracks the length of the marriage

A common rule of thumb is alimony for about half the length of a marriage under 20 years. For marriages of 20+ years, support can run indefinitely — especially when the receiving spouse is older or in poor health.

It can be changed or ended later

A big change in circumstances — job loss, retirement, the recipient remarrying, or moving in with a new partner — can be grounds to modify or stop alimony. To make that happen, file a petition with the court that issued the order.

The tax rules flipped in 2019

For divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer and no longer counts as taxable income for the recipient. That shift changes the real cost of payments and how the amount gets negotiated.

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Sources & primary references

Spousal support by stateCompare the alimony rule type in all 50 states.

This shows whether your state sets spousal support (alimony) using a statutory formula or a duration limit tied to how long you were married, or leaves the amount and length mostly to a judge's discretion. Each value is cited to the state statute or agency; a state with no sourced figure shows "Not yet sourced."

StateAlimony rule typeSource
AlabamaDuration capAla. Code § 30-2-57
AlaskaJudicial discretionAlaska Stat. § 25.24.160
ArizonaAdvisory guidelineAriz. Rev. Stat. § 25-319
ArkansasJudicial discretionArk. Code § 9-12-312
CaliforniaJudicial discretionCal. Fam. Code § 4320
ColoradoAdvisory guidelineColo. Rev. Stat. § 14-10-114
ConnecticutJudicial discretionConn. Gen. Stat. § 46b-82
DelawareDuration cap13 Del. C. § 1512
District of ColumbiaJudicial discretionD.C. Code § 16-913
FloridaDurational capsFla. Stat. § 61.08
GeorgiaJudicial discretionGa. Code § 19-6-1
HawaiiJudicial discretionHaw. Rev. Stat. § 580-47
IdahoJudicial discretionIdaho Code § 32-705
IllinoisStatutory formula750 ILCS 5/504
IndianaLimited; 3-yr capInd. Code § 31-15-7-2
IowaJudicial discretionIowa Code § 598.21A
Kansas121-month capKan. Stat. Ann. § 23-2904
KentuckyJudicial discretionKy. Rev. Stat. § 403.200
Louisiana1/3-income capLa. Civ. Code art. 112
MaineDuration guideline19-A M.R.S. § 951-A
MarylandJudicial discretionMd. Code, Fam. Law § 11-106
MassachusettsDurational limitsMass. Gen. Laws ch. 208 § 49
MichiganJudicial discretionMich. Comp. Laws § 552.23
MinnesotaDiscretion + presumptionsMinn. Stat. § 518.552
MississippiJudicial discretionArmstrong v. Armstrong (Miss. 1993)
MissouriJudicial discretionMo. Rev. Stat. § 452.335
MontanaJudicial discretionMont. Code Ann. § 40-4-203
NebraskaJudicial discretionNeb. Rev. Stat. § 42-365
NevadaJudicial discretionNev. Rev. Stat. § 125.150
New HampshireStatutory formulaN.H. Rev. Stat. § 458:19-a
New JerseyDuration capN.J. Stat. § 2A:34-23
New MexicoJudicial discretionN.M. Stat. § 40-4-7
New YorkStatutory formulaN.Y. Dom. Rel. Law § 236-B
North CarolinaJudicial discretionN.C. Gen. Stat. § 50-16.3A
North DakotaJudicial discretionN.D. Cent. Code § 14-05-24.1
OhioJudicial discretionOhio Rev. Code § 3105.18
OklahomaJudicial discretionOkla. Stat. tit. 43 § 134
OregonJudicial discretionOr. Rev. Stat. § 107.105
PennsylvaniaJudicial discretion23 Pa.C.S. § 3701
Rhode IslandJudicial discretionR.I. Gen. Laws § 15-5-16
South CarolinaJudicial discretionS.C. Code § 20-3-130
South DakotaJudicial discretionS.D. Codified Laws § 25-4-41
TennesseeJudicial discretionTenn. Code § 36-5-121
TexasStatutory capsTex. Fam. Code §§ 8.054-8.055
UtahDuration capUtah Code § 30-3-5
VermontJudicial discretion15 V.S.A. § 752
VirginiaJudicial discretionVa. Code § 20-107.1
WashingtonJudicial discretionWash. Rev. Code § 26.09.090
West VirginiaJudicial discretionW. Va. Code § 48-6-301
WisconsinJudicial discretionWis. Stat. § 767.56
WyomingJudicial discretionWyo. Stat. § 20-2-114

General information, not legal advice. Rules change and exceptions apply — confirm the current rule with the cited source for your state.

NotALawyer.com provides general legal information, not legal advice.