Alimony (also called spousal support or maintenance) is a court-ordered payment from one spouse to the other during or after a divorce. Its purpose is to help the lower-earning spouse maintain a reasonable standard of living and, in many cases, to support them while they gain financial independence.
15 steps across 2 sections
1. Steps Process
- Determine Eligibility
- Either spouse can request alimony — it is not gender-specific
- Courts consider: income disparity between spouses, length of marriage, each spouse's earning capacity, standard of living during marriage, age and health of both spouses, contributions to the marri...
- Short marriages (under 5 years) typically result in little or no alimony unless there are special circumstances
- Understand the Types of Alimony
- Temporary alimony (pendente lite): Paid during the divorce process to maintain the status quo
- Rehabilitative alimony: Fixed-term payments to support a spouse while they gain education, training, or employment (most common type)
- Reimbursement alimony: Compensates a spouse who sacrificed career/education to support the other (e.g., put a spouse through medical school)
- Permanent alimony: Long-term or lifetime payments, typically in long marriages (20+ years) or when a spouse cannot become self-supporting due to age or disability
- Lump-sum alimony: One-time payment instead of periodic payments
2. Key Details
- Tax treatment (post-2019): Under the Tax Cuts and Jobs Act, alimony payments from divorces finalized after December 31, 2018 are NOT tax-deductible for the payer and NOT taxable income for the recipient
- Duration guidelines: Many states tie duration to marriage length (e.g., alimony for 1/3 to 1/2 the length of the marriage)
- Enforcement: Non-payment can result in contempt of court, wage garnishment, property liens, and other penalties
- Prenuptial agreements: May limit or waive alimony if properly executed
- State variation: Alimony laws vary significantly by state — what applies in one state may not apply in another
Common Mistakes
- Not requesting alimony in the initial divorce filing (some states require it ...
- Agreeing to a low amount under pressure without understanding long-term finan...
- Not considering the tax implications of alimony vs
- Failing to include specific termination conditions in the agreement
- Not requesting temporary alimony during the divorce process (can leave the lo...
Pro Tips
- Use your state's alimony calculator or guideline as a starting point, then ad...
- Consider the total divorce package holistically — sometimes trading alimony f...
- Factor in health insurance: losing coverage through your spouse's employer af...
- If you are the payer, consider life insurance to secure your alimony obligati...
- Get a vocational evaluation if earning capacity is disputed