Alimony

Alimony is a court-ordered financial payment made by one spouse to the other following a divorce or legal separation. Its purpose is to reduce the economic disparity that arises when one spouse earns significantly more than the other, or when one spouse sacrifices career advancement to support the household. Alimony is distinct from child support, which covers the financial needs of minor children. The two obligations may coexist but are calculated and governed separately.

How alimony works

Alimony is established either by court order or by mutual agreement in a separation agreement. When spouses can’t agree, a family court judge evaluates the circumstances and issues a ruling. The paying spouse is the obligor; the receiving spouse is the obligee. Payments are typically made monthly and may run for a fixed term or on an ongoing basis.

Courts consider several factors when determining alimony:

• Length of the marriage
• Each spouse’s income, assets, and financial needs
• The receiving spouse’s ability to become self-supporting
• Contributions to the marriage, including homemaking and child-rearing
• The standard of living maintained during the marriage
• Each spouse’s age and physical condition

Because alimony is governed by state law, criteria and calculation methods vary significantly by jurisdiction.

Types of alimony

• Temporary alimony (pendente lite) is paid during divorce proceedings before a final order is issued.
• Rehabilitative alimony is the most common type. It supports the lower-earning spouse for a defined period while they gain education or work experience to become financially independent.
• Permanent alimony is reserved for long marriages where one spouse is unlikely to become self-supporting due to age or disability. It is less common today (some states have eliminated it entirely), and despite the name, it can often be modified or terminated if circumstances change.
• Reimbursement alimony compensates a spouse who supported the other through education or career advancement, such as funding a partner's professional degree, when the expected shared benefit did not materialize.
• Lump-sum alimony involves a single payment or fixed series of payments rather than ongoing support. Once paid, it generally cannot be modified.

Modification and termination

Most alimony orders can change if there is a substantial change in circumstances, such as a significant change in income, the recipient remarrying, or the payer retiring. Cohabitation with a new partner may also be grounds for termination depending on state law. A paying spouse cannot unilaterally reduce or stop payments; doing so risks contempt of court or wage garnishment. Any change to a court-ordered arrangement requires formal court approval.

Tax treatment

Under current federal law, alimony paid under divorce agreements executed after December 31, 2018, is neither deductible by the payer nor taxable income for the recipient. For agreements finalized before that date, the prior rules (deductible for the payer, taxable for the recipient) generally still apply unless the agreement has been modified to adopt the new treatment.

Related terms

Alimony is one part of a larger set of legal and financial issues that arise during divorce. These related terms let you familiarize yourself with other family law concepts.

• Divorce: The legal process that ends a marriage and may address issues such as alimony, child support, and property division.
• Separation agreement: A written agreement between spouses that outlines the terms of their separation.
• Child support: Court-ordered financial payments that help cover a child's living expenses after parents separate or divorce.
• Property division: The process of dividing marital assets and debts between spouses during a divorce.

FAQs about alimony

Does every divorcing spouse automatically qualify for alimony?

No. Courts do not automatically award alimony in every divorce. Instead, they consider factors such as each spouse's financial resources, earning capacity, and ability to become self-supporting under applicable state law. In general, a spouse who can meet their own financial needs and has a similar income to the other spouse is less likely to receive alimony.

Can fault for the divorce affect alimony?

It depends on the state. Some states allow courts to consider marital misconduct, such as adultery or abandonment, when deciding whether to award alimony or determining its amount or duration. Other states do not consider fault and base alimony decisions primarily on each spouse's financial circumstances.

How does alimony interact with property division?

The two are determined separately. However, a spouse who receives significant marital assets may have a reduced need for ongoing support payments, and courts may take this into account when setting alimony terms.