Alimony by State: How Spousal Support Works (2026)
Alimony by State: How Spousal Support Works (2026)
Alimony, also called spousal support or maintenance, is court-ordered money that one spouse pays the other after a separation or divorce. There is no federal alimony law. Each state sets its own rules, and while a handful use a formula, most leave the amount and length of support to the judge.
Information last verified on June 1, 2026.
Estimate your situation: Try our free alimony calculator to estimate spousal support in your state and see the factors a court weighs.
Jurisdiction scope: This guide explains alimony and spousal support across all 50 states and the District of Columbia, plus the federal tax treatment that applies nationwide. It does not cover child support calculations or property division, except where they overlap with alimony. Use the comparison table at the end and follow the link to your state for the details.
What is alimony (spousal support)?
Alimony is a payment from one former spouse to the other that is meant to address an imbalance in income or earning ability created by the marriage and divorce. The goal is usually to help a lower-earning spouse maintain a reasonable standard of living or become self-supporting.
States use different words for it. Most call it alimony. California, Washington, Oregon, and Wisconsin call it spousal support. Illinois, New York, and several others call it maintenance, and Arizona, Texas, Minnesota, and Colorado call it spousal maintenance. The labels differ, but the concept is the same.
Alimony is separate from two other parts of a divorce. Child support is money for raising children and follows its own guidelines. Property division splits the marital assets and debts. Alimony is only about support between the spouses.
The types of alimony
Most states recognize several kinds of support, and a court can order more than one.
Temporary (pendente lite) support is paid while the divorce is pending and ends when the final judgment is entered. Rehabilitative support helps a spouse get the education, training, or work experience needed to become self-supporting, and runs for a set period.
Durational or limited-term support is paid for a fixed length of time, often tied to how long the marriage lasted. Permanent or indefinite support continues until a terminating event such as remarriage or death; it is becoming rare and now usually applies only to long marriages.
Reimbursement support repays a spouse who supported the other through school or training. Lump-sum (in gross) support is a single fixed payment instead of ongoing payments.
How alimony is calculated: formula states vs. judicial discretion
There are two basic approaches. A minority of states use a formula or guideline to set the amount, the duration, or both. Most states leave it to the judge's discretion, guided by a list of factors written into the statute.
About nine states apply a formula or guideline. Illinois (750 ILCS 5/504) and New York (Domestic Relations Law section 236) have statutory formulas. Texas (Family Code chapter 8) caps maintenance at the lesser of $5,000 a month or 20 percent of the payer's average gross monthly income. Massachusetts and Florida cap the amount near a percentage of the income difference, and Colorado and Arizona use guideline ranges. New Hampshire (RSA 458:19-a) uses a statutory formula: term alimony is 23 percent of the difference between the parties' gross incomes, capped at the payee's reasonable need.
In the rest of the country, the judge weighs statutory factors and decides. The factors are similar from state to state: the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, the age and health of each spouse, contributions to the marriage (including homemaking and child care), and, in some states, marital fault.
Watch out: Online "alimony calculators" only reflect real law in the formula states. In a discretionary state, no calculator can predict what a judge will order; the factors, not a formula, control.
How long alimony lasts and when it ends
Duration is usually linked to the length of the marriage. Many states cap support for shorter marriages at a fraction of the marriage length and reserve longer or indefinite support for marriages of roughly 20 years or more.
Alimony almost always ends automatically when the recipient remarries or when either spouse dies. Many states also suspend or end support if the recipient cohabits with a romantic partner, and a number of states allow support to end when the paying spouse reaches full retirement age. Either spouse can usually ask the court to modify support when there is a substantial change in circumstances, unless the award was made non-modifiable by agreement.
Who qualifies for alimony, and what disqualifies you
No one is automatically entitled to alimony. A court generally looks at two things: whether one spouse has a genuine need for support and whether the other spouse has the ability to pay.
The length of the marriage matters. Short marriages rarely produce long-term support, and a few states set a minimum marriage length to even be eligible (Texas generally requires about ten years absent family violence). Marital fault can also matter. In states such as Georgia, North Carolina, South Carolina, Virginia, and Louisiana, adultery or other misconduct can reduce or bar alimony for the spouse at fault. Indiana is an outlier that allows spousal maintenance only in a few narrow situations, so most Indiana divorces involve no alimony at all.
Is alimony taxable? Federal and state tax treatment
The federal tax rules changed with the Tax Cuts and Jobs Act. For any divorce or separation agreement executed after December 31, 2018, alimony is not deductible by the spouse who pays it and is not counted as taxable income by the spouse who receives it.
For agreements signed on or before December 31, 2018, the older rules still apply: the payer deducts the alimony and the recipient reports it as income, unless the agreement was later modified to adopt the new treatment. Child support is different and has never been deductible or taxable. Most states follow the federal treatment, and California aligned its state income tax with the federal rule for agreements executed on or after January 1, 2026.
The end of permanent alimony: recent state reforms
For decades, courts in many states could order "permanent" alimony that lasted for life. That is changing fast. Florida abolished permanent alimony in 2023 and replaced it with capped durational support. Minnesota overhauled its maintenance law in 2024, adding presumptions based on marriage length and renaming its support types.
Several states made the change earlier. New Jersey replaced permanent alimony with "open durational" alimony in 2014, Massachusetts limited indefinite alimony to long marriages in its 2011 reform, and North Dakota has barred permanent spousal support since 2001. Utah and Arizona have also tightened their rules in recent years. South Carolina is one of the few states that still permits unlimited permanent alimony, though reform bills have been introduced.
Alimony laws by state
The table below shows the term each state uses, whether it applies a formula or guideline, the main statute, and whether long-term or indefinite support is still available. Select a state for its full guide.
| State | Term used | Formula or guideline? | Key statute | Permanent/indefinite available? |
|---|---|---|---|---|
| Alabama | Alimony | No | Ala. Code section 30-2-57 | Yes (long marriages) |
| Alaska | Spousal support | No | Alaska Stat. section 25.24.160 | Limited |
| Arizona | Spousal maintenance | Yes (guidelines) | Ariz. Rev. Stat. section 25-319 | Rare |
| Arkansas | Alimony | No | Ark. Code section 9-12-312 | Yes |
| California | Spousal support | Temporary only | Cal. Fam. Code section 4320 | Yes (long marriages) |
| Colorado | Spousal maintenance | Yes (advisory) | C.R.S. section 14-10-114 | Yes |
| Connecticut | Alimony | No | Conn. Gen. Stat. section 46b-82 | Yes |
| Delaware | Alimony | No | 13 Del. C. section 1512 | Yes (20+ years) |
| District of Columbia | Alimony | No | D.C. Code section 16-913 | Yes |
| Florida | Alimony | Yes (caps) | Fla. Stat. section 61.08 | No (abolished 2023) |
| Georgia | Alimony | No | Ga. Code section 19-6-1 | Yes |
| Hawaii | Alimony | No | Haw. Rev. Stat. section 580-47 | Yes |
| Idaho | Maintenance | No | Idaho Code section 32-705 | Yes (exceptional) |
| Illinois | Maintenance | Yes (statutory) | 750 ILCS 5/504 | Yes (20+ years) |
| Indiana | Spousal maintenance | No | Ind. Code section 31-15-7-2 | No (narrow grounds only) |
| Iowa | Spousal support | No | Iowa Code section 598.21A | Yes |
| Kansas | Maintenance | No | Kan. Stat. section 23-2902 | Limited (121-month cap) |
| Kentucky | Maintenance | No | Ky. Rev. Stat. section 403.200 | Yes |
| Louisiana | Spousal support | No | La. Civ. Code arts. 111 to 113 | Yes (capped at 1/3 income) |
| Maine | Spousal support | No | 19-A M.R.S. section 951-A | Yes (20+ years) |
| Maryland | Alimony | No | Md. Code Fam. Law section 11-106 | Yes (indefinite) |
| Massachusetts | Alimony | Yes (caps) | M.G.L. c. 208, sections 48 to 55 | Only 20+ year marriages |
| Michigan | Spousal support | No | MCL section 552.23 | Yes |
| Minnesota | Spousal maintenance | No | Minn. Stat. section 518.552 | Yes (20+ years) |
| Mississippi | Alimony | No | Miss. Code section 93-5-23 | Yes |
| Missouri | Maintenance | No | Mo. Rev. Stat. section 452.335 | Yes |
| Montana | Maintenance | No | Mont. Code section 40-4-203 | Yes |
| Nebraska | Alimony | No | Neb. Rev. Stat. section 42-365 | Yes |
| Nevada | Alimony | No | Nev. Rev. Stat. section 125.150 | Yes (20+ years) |
| New Hampshire | Alimony | Yes (formula) | N.H. Rev. Stat. section 458:19-a | Term-based |
| New Jersey | Alimony | No | N.J.S.A. 2A:34-23 | Open durational (20+ years) |
| New Mexico | Spousal support | Advisory | N.M. Stat. section 40-4-7 | Yes |
| New York | Maintenance | Yes (statutory) | N.Y. Dom. Rel. Law section 236 | Yes |
| North Carolina | Alimony | No | N.C. Gen. Stat. section 50-16.3A | Yes |
| North Dakota | Spousal support | No | N.D.C.C. section 14-05-24.1 | No (prohibited) |
| Ohio | Spousal support | No | Ohio Rev. Code section 3105.18 | Yes |
| Oklahoma | Alimony | No | Okla. Stat. tit. 43, section 121 | Yes (uncommon) |
| Oregon | Spousal support | No | Or. Rev. Stat. section 107.105 | Yes |
| Pennsylvania | Alimony | Pendente lite only | 23 Pa. C.S. section 3701 | Yes |
| Rhode Island | Alimony | No | R.I. Gen. Laws section 15-5-16 | Yes |
| South Carolina | Alimony | No | S.C. Code section 20-3-130 | Yes (unlimited) |
| South Dakota | Alimony | No | S.D. Codified Laws section 25-4-41 | Yes |
| Tennessee | Alimony | No | Tenn. Code section 36-5-121 | Yes (in futuro) |
| Texas | Spousal maintenance | Yes (caps) | Tex. Fam. Code ch. 8 | No (capped duration) |
| Utah | Alimony | No | Utah Code section 30-3-5 | Limited (marriage length) |
| Vermont | Maintenance | No | 15 V.S.A. section 752 | Yes |
| Virginia | Spousal support | No | Va. Code section 20-107.1 | Yes (indefinite) |
| Washington | Maintenance | No | RCW 26.09.090 | Yes |
| West Virginia | Spousal support | No | W. Va. Code section 48-6-301 | Yes |
| Wisconsin | Maintenance | No | Wis. Stat. section 767.56 | Yes (indefinite) |
| Wyoming | Alimony | No | Wyo. Stat. section 20-2-114 | Yes |
This article provides general legal information about alimony and spousal support and is not legal advice. Alimony law varies significantly by state and changes frequently, and a court applies it to the specific facts of each case. The federal tax treatment of alimony also depends on when your divorce or separation agreement was executed. Consult a licensed family-law attorney in your state before relying on any figure or rule here.
Sources
The statutes and federal tax guidance used in this guide are listed below.
Last updated: June 1, 2026.
Sources and References
- IRS Topic No. 452, Alimony and Separate Maintenance(irs.gov).gov
- IRS Publication 504, Divorced or Separated Individuals(irs.gov).gov
- Tax Cuts and Jobs Act of 2017, Pub. L. 115-97 (sections 11050-11051)(congress.gov).gov
- Florida Statutes section 61.08 (alimony; permanent alimony abolished 2023)(leg.state.fl.us).gov
- Illinois 750 ILCS 5/504 (maintenance formula)(ilga.gov).gov
- New York Domestic Relations Law section 236 (maintenance)(nysenate.gov).gov
- Texas Family Code Chapter 8 (spousal maintenance)(statutes.capitol.texas.gov).gov
- Massachusetts General Laws c. 208, sections 48-55 (Alimony Reform Act)(malegislature.gov).gov
- California Family Code section 4320 (spousal support factors)(leginfo.legislature.ca.gov).gov
- Colorado Revised Statutes section 14-10-114 (maintenance guidelines)(leg.colorado.gov).gov
- Arizona Revised Statutes section 25-319 (spousal maintenance)(azleg.gov).gov
- Indiana Code section 31-15-7-2 (limited maintenance grounds)(iga.in.gov).gov
- North Dakota Century Code section 14-05-24.1 (spousal support)(ndlegis.gov).gov
- U.S. Courts, Discharge in Bankruptcy (domestic support obligations non-dischargeable, 11 U.S.C. 523(a)(5))(uscourts.gov).gov