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

When a marriage ends, a court may order one spouse to pay the other regular sums of money. This payment is called alimony (also known as spousal support or maintenance in some states). The purpose is to reduce the financial hardship that divorce creates, especially when one spouse earned significantly more or one spouse left the workforce to raise children or support the other's career.

Alimony is not the same as child support. Child support goes toward raising children; alimony goes toward the receiving spouse's own living costs. A person can owe both at the same time. The paying spouse sends money directly to the receiving spouse or, in some cases, through a state disbursement unit that collects and forwards the payment.

Key Takeaways

  • Alimony is a court-ordered payment from one spouse to another after divorce, separate from any child support obligation.
  • The amount and duration depend on factors like how long the marriage lasted, each spouse's income, and whether one spouse sacrificed earning potential during the marriage.
  • Alimony can be temporary (lasting a set number of years) or permanent (lasting until the receiving spouse remarries or either spouse dies).
  • The paying spouse can request a modification if their income drops significantly or the receiving spouse's circumstances change.
  • Alimony payments are tax-deductible for the payer and taxable income for the receiver under current federal law, though this changed for divorces finalized after December 31, 2018.

How courts decide alimony amount and length

There is no single formula that all states use. Each state has its own rules about when alimony is ordered and how much it should be. Some states publish guidelines (similar to child support guidelines) that suggest a percentage of the higher-earning spouse's income; others leave the decision more to the judge's discretion.

Judges typically consider: how long the marriage lasted, the age and health of each spouse, each spouse's current income and earning potential, whether one spouse stayed home or worked part-time to support the family, the standard of living during the marriage, and whether either spouse has custody of children. A 20-year marriage where one spouse was the sole earner will usually result in a different alimony order than a 3-year marriage where both spouses worked full-time.

The judge also decides how long alimony lasts. In some cases, it ends after a set period—for example, five years. In others, it continues until the receiving spouse remarries, either spouse dies, or the receiving spouse becomes self-supporting. Courts sometimes call this "permanent alimony," though it is not truly permanent if remarriage or death ends it.

Types of alimony and when each is used

Temporary alimony (also called pendente lite alimony) is paid during the divorce process itself, before the final order is issued. It helps the lower-earning spouse cover legal fees and living costs while the case is ongoing.

Rehabilitative alimony is meant to support a spouse while they retrain or return to work. For example, if one spouse left a career to raise children, rehabilitative alimony might cover living expenses for two or three years while that spouse completes a degree or rebuilds job skills. The order usually specifies what training or education the receiving spouse will pursue.

Durational alimony lasts for a set number of years—often half the length of the marriage or some other fixed period. Once that time ends, payments stop regardless of the receiving spouse's circumstances.

Permanent alimony continues indefinitely unless the receiving spouse remarries, either spouse dies, or a court modifies the order. This is less common now than it was 20 years ago, and most states reserve it for long marriages where one spouse is unlikely to become self-supporting.

Tax treatment of alimony payments

For divorces finalized before January 1, 2019, alimony is tax-deductible for the paying spouse and taxable income for the receiving spouse. This means the payer can reduce their taxable income by the amount they pay, and the receiver must report the payments as income on their tax return.

For divorces finalized on or after January 1, 2019, this changed under the Tax Cuts and Jobs Act. Alimony is no longer deductible for the payer, and the receiver no longer reports it as taxable income. This shift affects the after-tax cost of alimony for the payer and the after-tax benefit for the receiver, so both spouses should understand which rule applies to their divorce.

When alimony can be modified or ended

An alimony order is not permanent unless the court specifically says it is. Either spouse can request a modification if circumstances change significantly. Common reasons include: the paying spouse loses a job or has a substantial income decrease, the receiving spouse's income increases substantially, the receiving spouse remarries or enters a long-term cohabitation arrangement (depending on state law), or either spouse's health changes.

To modify alimony, the requesting spouse must file a motion with the court and show that the change in circumstances is substantial and not temporary. The burden of proof is on the person asking for the change. A small income fluctuation usually does not trigger a modification; courts look for lasting changes.

Alimony also ends automatically if the receiving spouse remarries or if either spouse dies, unless the original order says otherwise. Some orders specify that alimony continues even after remarriage, though this is uncommon.

Alimony versus child support and property division

Divorce settlements involve three separate financial components: property division, child support, and alimony. Property division is a one-time split of assets and debts accumulated during the marriage. Child support is ongoing money for the children's care and is based on both parents' incomes and custody arrangement. Alimony is separate support for the spouse.

A person can receive or owe any combination of these. For example, one spouse might receive child support and alimony while the other receives a larger share of retirement accounts. Or one spouse might owe child support but not alimony if both spouses have similar earning power. The three are negotiated or decided independently, though they interact—a spouse who receives substantial property may be awarded less or no alimony, for instance.

What happens if alimony is not paid

If the paying spouse falls behind on alimony, the receiving spouse can file a motion for contempt of court or request wage garnishment. Many states allow the receiving spouse to ask the court to garnish the payer's wages directly, similar to child support enforcement. The payer's employer then deducts the alimony from each paycheck and sends it to the state disbursement unit or directly to the receiving spouse.

Unpaid alimony can also result in a judgment against the payer, which may affect their credit or lead to liens on property. In some cases, the payer can be held in contempt of court, which can result in fines or jail time if the nonpayment is willful and the payer has the ability to pay.

Frequently Asked Questions

Can alimony be waived in a divorce settlement?

Yes. Both spouses can agree in writing to waive alimony entirely, or to accept a lower amount than a court might order. The agreement must be part of the divorce decree. However, a judge may refuse to approve a waiver if one spouse appears to have been coerced or if the agreement seems grossly unfair.

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

It depends on state law and the original order. Many states allow the paying spouse to request a modification if the receiving spouse enters a long-term cohabitation arrangement, but not all do. Some states require marriage specifically to end alimony. Check your state's rules or the language in your divorce decree.

What if the paying spouse becomes disabled and cannot work?

The paying spouse can request a modification based on the disability and resulting loss of income. The court will examine whether the disability is permanent, whether the spouse can work in any capacity, and what income they may receive from disability benefits. A judge may reduce or suspend alimony, but will not necessarily eliminate it.

Is alimony the same in every state?

No. Each state has different rules about when alimony is awarded, how much is paid, and how long it lasts. Some states have alimony guidelines; others give judges broad discretion. If you move to a different state, you may be able to request a modification based on that state's rules, though the original state usually retains jurisdiction unless both parties agree otherwise.

Can I negotiate alimony instead of going to trial?

Yes. Most divorces settle through negotiation or mediation rather than trial. You and your spouse can agree on an alimony amount and duration, and the judge will incorporate that agreement into the final order. Settlement usually costs less and takes less time than litigation.