How Alimony (Spousal Support) Works

Alimony, also called spousal support or maintenance, is money one spouse pays the other after (or during) a divorce. Unlike child support, it isn't guaranteed. Whether it's awarded, how much and for how long depends heavily on your state's law and your circumstances.

When courts award it

Alimony usually comes up when one spouse earns much more than the other, especially after a long marriage where one spouse stayed home, raised children or supported the other's career. Judges commonly weigh:

Length of the marriage. Longer marriages are more likely to see support, and for longer.
Each spouse's income and earning capacity, including education, job skills and time out of the workforce.
The standard of living during the marriage.
Age and health.
Contributions to the marriage, including homemaking and childcare.
The property division. A spouse who receives more assets may need less support.
In some states, marital misconduct such as adultery can affect alimony.

A few states use formulas, at least for temporary support; most leave it to the judge's discretion within these factors.

Types of alimony

Temporary (pendente lite): paid while the divorce is pending.
Rehabilitative: for a set period while the recipient gets education or training to become self-supporting.
Reimbursement: repays a spouse who supported the other through school or career-building.
Long-term or permanent: less common now; usually after very long marriages where the recipient can't realistically become self-supporting.
Lump sum: paid all at once, sometimes in place of a share of property.

How long it lasts

Often for a set term, sometimes tied to the length of the marriage. Support usually ends if the recipient remarries or either spouse dies. In many states it can be reduced or ended if the recipient lives with a new partner.

Taxes

For divorces finalized after 2018, federal law treats alimony as not deductible for the payer and not taxable income for the recipient. Older agreements generally keep the old rules unless they're modified to adopt the new ones. State tax treatment can differ.

Changing alimony

Unless your agreement says it's non-modifiable, either spouse can usually ask the court to change support after a substantial change, such as job loss, a serious illness or retirement. Keep paying the ordered amount until a judge changes it.

Spousal support is one of the most negotiable parts of a divorce, so it pays to know what a court in your state would likely order. Talk to a family law attorney near you. Related: how much a divorce costs.

This guide is general information, not legal or tax advice. Alimony law varies widely by state.