Wyoming Alimony Laws: How Spousal Support Works (2026)
Wyoming Alimony Laws: How Spousal Support Works (2026)
Wyoming courts can award spousal support after a divorce, but the state's approach is distinctive: judges strongly prefer to resolve financial imbalances through property division rather than ongoing alimony payments. When alimony is awarded, there is no formula. The amount and duration rest entirely on the judge's discretion, guided by two core questions: does the requesting spouse genuinely need support, and can the other spouse afford to pay it?
Information last verified on June 1, 2026.
Estimate your situation: Try our free Wyoming alimony calculator to estimate spousal support and see the factors a Wyoming court weighs.
What Is Alimony in Wyoming?
Alimony, sometimes called spousal support or spousal maintenance, is a court-ordered payment from one former spouse to the other after a divorce. Wyoming law uses the term "alimony" in Wyo. Stat. Ann. § 20-2-114, though courts and attorneys also use "spousal support" interchangeably.
The purpose of alimony under Wyoming law is to provide a post-divorce substitute for the financial support one spouse provided to the other during the marriage. It is not meant to punish either party or to equalize incomes indefinitely. The Wyoming Judicial Branch identifies three recognized types of spousal support:
- Transitional support helps a spouse obtain education or job training needed to re-enter the workforce after time spent out of it during the marriage.
- Compensatory support repays a spouse for significant financial or other contributions made toward the other spouse's education, career, or earning capacity.
- Spousal maintenance sustains a standard of living comparable to that enjoyed during the marriage. It may be time-limited or, in rare cases, longer-term.
Most awards in Wyoming are short-term or rehabilitative in nature. Open-ended or permanent alimony is unusual and is generally reserved for long marriages where one spouse has limited ability to become self-supporting.
Why Property Division Comes First in Wyoming
Understanding Wyoming alimony requires understanding the state's property division philosophy. Under § 20-2-114, the court must make "such disposition of the property of the parties as appears just and equitable," considering the respective merits of the parties, the condition in which divorce will leave each party, the source of the property, and any burdens imposed on it.
Wyoming courts have consistently held that an unequal division of property is preferable to alimony so that both parties can separate cleanly and begin independent lives. In Porter v. Porter, 2017 WY 77, the Wyoming Supreme Court affirmed denial of a wife's request for $2,000 per month in alimony for ten years, noting the district court acted within its discretion in finding that alimony was "unwarranted to even up the division of marital assets." In Kamm v. Kamm, 2016 WY 8, the court explained the underlying policy: "while in some cases alimony may be a necessity, under ordinary circumstances it should be recognized that one spouse should not have a perpetual claim on the earnings of the other; that divorce, insofar as possible should sever the ties of the parties and they should begin to start their lives anew."
This property-first posture means that alimony is awarded in a minority of Wyoming divorces. A court will typically exhaust the ability to meet a spouse's financial needs through a more favorable property split before resorting to an ongoing payment obligation.
How Wyoming Courts Decide Whether to Award Alimony
When a party requests alimony, the court focuses on two primary questions: Does the requesting spouse have a genuine financial need for support? Does the other spouse have the ability to pay?
Both elements must be present. A need without a corresponding ability to pay will not result in an award. An ability to pay without demonstrated need likewise will not support an order.
Because § 20-2-114 provides only that the court may decree "reasonable alimony out of the estate of the other having regard for the other's ability to pay," Wyoming courts have broad discretion. There is no checklist of factors written into the statute comparable to those found in many other states. Instead, judges examine the full picture of the parties' circumstances, which commonly includes:
- Length of the marriage
- Each spouse's income, earning capacity, and employment history
- Age and physical condition of each spouse
- Standard of living established during the marriage
- Whether one spouse left the workforce or reduced earning capacity to support the household or raise children
- Educational background and ability to gain or improve employment
- Contributions one spouse made to the other's education or career advancement
- Each party's assets and liabilities following the property division
No single factor is determinative, and a judge may weigh them differently depending on the specific facts. The absence of a formula means outcomes can vary significantly from county to county and judge to judge.
How Long Alimony Lasts in Wyoming
Wyoming law sets no default duration for alimony. The length of any award is left to judicial discretion and is shaped by the purpose the support is meant to serve.
Short-term or rehabilitative awards are by far the most common. A judge might award transitional support for two to five years, enough time for a spouse who was out of the workforce to complete education or job training and achieve financial independence. Longer marriages where one spouse gave up a career entirely may result in longer awards, but truly open-ended alimony is rare.
Courts may also award lump-sum alimony in lieu of periodic payments, which resolves the financial obligation in one transaction and avoids future modification disputes.
When Alimony Automatically Ends
Wyoming's alimony termination rules were clarified by statute following amendments enacted in 2001 (HB0089, codified in the modifications to Wyo. Stat. Ann. § 20-2-116). Under current Wyoming law:
- Death of either party. Alimony automatically ends if either the payer or the recipient dies.
- Recipient's remarriage. All rights to receive, and all duties to make, alimony payments automatically terminate for payments due after the date of remarriage, unless the divorce decree or written agreement expressly provides otherwise.
The remarriage-termination rule is automatic by statute. If the recipient remarries, the obligation ends by operation of law for future payments. The recipient is required to notify the court and the payer within 30 days of the remarriage. Failure to provide timely notice can result in the court awarding attorney's fees and costs against the recipient.
Modification and Cohabitation
Either party may petition for a modification of alimony under Wyo. Stat. Ann. § 20-2-116 by demonstrating a material and substantial change in circumstances since the last order. Common grounds include significant changes in income, job loss, disability, or retirement.
Voluntary cohabitation with a new partner is also a recognized basis for seeking modification. If the recipient of alimony begins living with another person in a conjugal relationship, the court may reduce or terminate future payments based on changed financial circumstances. Cohabitation alone does not automatically end alimony; it triggers the right to seek a court-ordered modification rather than automatic termination.
Alimony and Taxes
Federal tax rules changed significantly under the Tax Cuts and Jobs Act. For divorce or separation agreements executed after December 31, 2018:
- Alimony payments are not deductible by the payer on federal income taxes.
- Alimony payments are not taxable income to the recipient.
For agreements signed on or before December 31, 2018 that have not been subsequently modified to adopt the new rules, the old treatment still applies: payments are deductible by the payer and includable in the recipient's income.
Wyoming does not impose a state income tax. As a result, there is no separate state-level income tax consequence for either the payer or the recipient, regardless of when the divorce agreement was executed.
Alimony vs. Wyoming Child Support
Alimony and child support are separate legal obligations with different rules and purposes.
Wyoming child support is calculated using statutory income-shares guidelines that produce a specific dollar amount based on each parent's income and the number of children. It is not discretionary in the way alimony is.
Alimony, by contrast, is owed to a former spouse and not to a child. It exists to address financial disparities between the adults resulting from the divorce. A judge may award one, both, or neither depending on the facts of the case.
Child support continues until the child reaches adulthood with limited exceptions, while alimony duration depends on the terms of the court order. Tax treatment also differs: child support is never deductible for the payer and never taxable to the recipient regardless of when the agreement was executed.
For a broader view of how Wyoming compares to other states, see the Alimony laws by state hub.
Disclaimer: This page provides general legal information, not legal advice. Wyoming alimony decisions involve complex facts and broad judicial discretion. Consult a licensed Wyoming family law attorney for guidance specific to your situation.
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Last updated: June 1, 2026.