Definition
Alimony, also called spousal support or maintenance, is court-ordered financial support that one spouse pays to the other during or after a divorce or legal separation. Its purpose is to limit the economic harm a lower-earning or non-earning spouse may suffer when a marriage ends, particularly after a long marriage. Unlike child support, alimony is usually decided through judicial discretion rather than a fixed formula, and the rules vary significantly by state.
Legal Meaning
Alimony is a payment from one former spouse to the other intended to address financial imbalance created by the marriage and its end. Different states call it "spousal support" or "maintenance," but the core idea is the same: to help a spouse who gave up earning potential, stayed home, or supported the other's career maintain a reasonable standard of living after a divorce.
Alimony is a matter of state law, and approaches differ widely. Most states do not use a strict formula; instead, judges weigh statutory factors and have broad discretion, though some states use advisory guidelines. Courts can award several forms of alimony, including temporary support while the case is pending, rehabilitative support to help a spouse become self-sufficient, durational support tied to the marriage length, and, less commonly today, permanent or indefinite support.
Alimony is separate from child support and from the division of marital property, although all three are typically resolved together in a divorce. A valid prenuptial agreement can waive or limit alimony in many states. To learn how these pieces connect, see our family law practice area and our divorce laws by state guide.
Key Points
- Alimony is also called spousal support or maintenance depending on the state
- Its goal is to address financial imbalance, not to punish either spouse
- Most states give judges broad discretion rather than using a rigid formula
- Common types include temporary, rehabilitative, durational, and permanent alimony
- Courts weigh factors like marriage length, income, earning capacity, and standard of living
- Alimony often ends on death, remarriage, or sometimes cohabitation of the recipient
- Modifiable alimony can change after a substantial change in circumstances
- A prenuptial agreement can waive or limit alimony in many states
Real-World Example
Lin and Robert were married for eighteen years. Lin left her career to raise their children and manage the home while Robert advanced to a high-paying executive role. When they divorce, Lin has limited recent work experience and a much lower earning capacity.
The court considers the length of the marriage, the standard of living the couple enjoyed, Lin's contributions to the household, and the time she will need to re-enter the workforce. The judge awards Lin rehabilitative alimony for several years so she can complete a certification program and rebuild her career, with the amount based on Robert's ability to pay and Lin's reasonable needs. If Robert retires or Lin becomes self-supporting sooner, either party can ask the court to revisit the award.
Common Types of Alimony
| Type | Purpose | Typical Duration |
|---|---|---|
| Temporary (Pendente Lite) | Supports a spouse while the divorce is pending | Until the divorce is finalized |
| Rehabilitative | Helps a spouse gain education or skills to become self-supporting | A set period to complete training or schooling |
| Durational / Term | Provides support for a fixed time, often tied to marriage length | A defined number of years |
| Reimbursement | Repays a spouse who supported the other's education or career | Lump sum or limited payments |
| Permanent / Indefinite | Long-term support, usually after a lengthy marriage; increasingly rare | Until death, remarriage, or major change |
Factors Courts Weigh
Because alimony usually is not set by formula, judges consider a range of factors that vary by state. Frequently considered factors include:
- The length of the marriage
- Each spouse's income, assets, and earning capacity
- The standard of living established during the marriage
- The age and physical and emotional health of each spouse
- Contributions to the marriage, including homemaking and supporting the other's career
- The time and training a supported spouse needs to become self-supporting
- Custody of children and its effect on a spouse's ability to work
- In some states, marital fault such as adultery
Because the weight given to these factors differs by state, alimony outcomes can vary considerably from one jurisdiction to another.
Modifying and Ending Alimony
Whether alimony can change depends on the order and state law. Modifiable alimony can be increased, decreased, or extended when there is a substantial change in circumstances, such as job loss, a serious illness, retirement, or a significant income change. Some agreements make alimony non-modifiable, which the parties cannot later alter.
Alimony commonly terminates when either spouse dies or when the recipient remarries. Many states also allow alimony to be reduced or ended if the recipient cohabitates with a new partner in a marriage-like relationship. Because these rules differ by state and by the wording of the order, the specific terms control.
Related Terms
Questions About Spousal Support?
Learn how alimony works in your state and connect with a family law attorney who can advocate for a fair result.
Explore Family LawWhen You Need a Lawyer
Because alimony is highly discretionary and the stakes can be significant, legal help is often valuable. Consider hiring a family law attorney if:
- You were married for a long time or gave up a career for the marriage
- There is a large income gap between you and your spouse
- You are asked to sign a settlement with non-modifiable alimony
- You want to modify or terminate an existing alimony order
- You have a prenuptial agreement affecting spousal support
- You are concerned about the tax consequences of an award
An attorney can present the relevant factors persuasively, negotiate a fair amount and duration, and ensure the order's terms protect you. For help with costs and selecting counsel, see understanding legal fees and how to choose a lawyer.
Frequently Asked Questions
What is the difference between alimony and child support?
Alimony is financial support paid by one spouse to the other to address economic imbalance after a divorce or separation. Child support is money paid to help cover the needs of a couple's children. They are calculated differently and serve different purposes: alimony focuses on a spouse's need and the other spouse's ability to pay, while child support follows state guidelines based largely on income and parenting time. A person can be ordered to pay both.
How do courts decide whether to award alimony?
Courts consider statutory factors that vary by state but commonly include the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, each spouse's age and health, contributions to the household or to the other spouse's career, and the time a supported spouse needs to become self-supporting. Unlike child support, alimony usually does not follow a rigid formula, giving judges significant discretion.
How long does alimony last?
It depends on the type of alimony and the state. Temporary alimony lasts only while the divorce is pending. Rehabilitative alimony lasts long enough for the supported spouse to gain skills or education and become self-supporting. Durational alimony lasts for a set period often tied to the length of the marriage. Permanent or indefinite alimony, which is increasingly rare, may continue until death, remarriage, or a major change in circumstances.
Can alimony be modified or terminated?
Often, yes. Modifiable alimony can be changed when there is a substantial change in circumstances, such as job loss, retirement, or a significant change in either spouse's income. Alimony commonly terminates on the death of either spouse or the remarriage of the recipient, and many states allow termination or reduction if the recipient cohabitates with a new partner. Some agreements make alimony non-modifiable, so the terms of the order matter.
Is alimony taxable?
Under current federal law, for divorce or separation agreements executed after 2018, alimony is not deductible by the paying spouse and is not counted as taxable income to the recipient. Different rules can apply to older agreements. Because tax treatment can be complex and may differ at the state level, you should confirm the current rules with a tax professional or attorney before relying on them.
State-Specific Information
Alimony types, factors, and modification rules vary significantly by state. For more on the broader divorce process, see our comprehensive guide: