Alimony FAQ: Types, Amount, Duration & Modification

Question 1

What is alimony?

Accepted Answer

Alimony, also called spousal support or maintenance in some states, is money one spouse pays the other for a period of time after a separation or divorce. Its general purpose is to limit the unfair economic effects of a divorce, for example by helping a lower-earning spouse cover living expenses or get back on their feet. It is separate from child support.

Question 2

What are the common types of alimony?

Accepted Answer

Names vary by state, but common categories include temporary support paid while the case is pending, short-term or rehabilitative support to help a spouse get training or education and become self-supporting, and longer-term or durational support for a set number of years. A smaller number of situations, usually long marriages, may involve long-term or indefinite support. Some states also allow a one-time lump-sum payment.

Question 3

How do courts decide whether to award alimony?

Accepted Answer

Generally a court first looks at whether one spouse has a financial need and whether the other spouse has the ability to pay. If both are present, the court weighs a list of factors set by state law. There is no automatic right to alimony, and in many divorces none is ordered, particularly when both spouses earn similar incomes.

Question 4

What factors affect the amount and type of alimony?

Accepted Answer

Courts commonly consider the length of the marriage, each spouse's income and earning capacity, age and health, the standard of living during the marriage, contributions to the household (including as a homemaker or by supporting the other's career), and how property was divided. Some states use guidelines or formulas as a starting point, while others leave it largely to the judge's discretion.

Question 5

How is the length of alimony decided?

Accepted Answer

Duration is often tied to the length of the marriage, so shorter marriages tend to produce shorter support periods, if any. Rehabilitative support usually lasts only as long as it reasonably takes the receiving spouse to become self-supporting. Many states have moved away from permanent alimony, reserving longer or indefinite awards for long marriages or situations where a spouse cannot realistically become self-supporting.

Question 6

Is alimony based on gender?

Accepted Answer

No. Alimony laws are gender-neutral. Either spouse can be ordered to pay or can receive support, depending entirely on the finances and the relevant factors, not on whether a spouse is a husband or a wife.

Question 7

Can alimony be changed after the divorce?

Accepted Answer

Often yes, but it depends on the type of alimony and the terms of the order. Many awards can be modified later if there is a significant change in circumstances, such as a job loss, a serious illness, or a large change in income. Some awards are specifically labeled non-modifiable, and lump-sum awards generally cannot be changed. You typically have to ask the court for a modification rather than changing payments on your own.

Question 8

When does alimony end?

Accepted Answer

Alimony commonly ends on a date set in the order, when the receiving spouse remarries, or when either spouse dies. In many states it can also be reduced or ended if the receiving spouse begins living with a new partner in a marriage-like relationship. The exact rules, especially around cohabitation, vary by state and by the wording of your order.

Question 9

How is alimony taxed?

Accepted Answer

For divorce or separation agreements finalized on or after January 1, 2019, alimony is generally not deductible by the person paying it and not counted as taxable income to the person receiving it under federal law. Older agreements may follow the previous rules. State tax treatment can differ, so this is a common question to confirm with a tax professional.

Question 10

Is alimony the same as child support?

Accepted Answer

No. Alimony is support for a former spouse, while child support is money for a child's needs and is calculated under separate state guidelines. A person can be ordered to pay both, one, or neither. Because they serve different purposes, they are handled and enforced separately.

Question 11

Can spouses agree on alimony themselves?

Accepted Answer

Yes. Spouses are usually free to negotiate their own arrangement, including agreeing to no alimony, a set amount, or a lump sum, and the court will typically approve a fair agreement. Couples can also address support in advance through a prenuptial or postnuptial agreement, subject to state rules on whether and how those terms are enforced.

Question 12

What happens if a spouse stops paying court-ordered alimony?

Accepted Answer

Court-ordered alimony is enforceable. If a paying spouse stops without permission, the receiving spouse can go back to court to enforce the order. Enforcement tools can include wage garnishment, liens, and contempt of court, which in serious cases can carry penalties. Unpaid amounts generally continue to add up until the order is formally changed.