Estimate monthly spousal support payments and duration based on your state's guidelines and circumstances
Alimony, also known as spousal support or spousal maintenance, is financial support paid by one spouse to another during or after divorce. Unlike child support, there are no universal federal guidelines for calculating alimony. Each state has developed its own approach, ranging from strict formulas to broad judicial discretion.
This calculator uses state-specific formulas and guidelines to estimate spousal support. For states with formula-based calculations (like California for temporary support), we apply those formulas directly. For states with discretionary approaches, we use commonly applied judicial guidelines and factors.
California courts typically use a formula for temporary (pendente lite) spousal support during divorce proceedings:
Most states follow a general principle that support duration relates to marriage length:
Regardless of formula, courts consider multiple factors when determining final support awards:
Each spouse's income and earning capacity, assets and debts, standard of living during marriage, and property division in the divorce settlement.
Age and health of each spouse, education and employability, time needed to acquire job skills, and contributions as homemaker or to spouse's career.
Length of marriage, custody arrangements and childcare responsibilities, whether one spouse supported the other's education, and any history of domestic violence.
Expected changes in income, retirement plans and timing, potential for self-sufficiency, and tax implications of support payments.
This calculator provides estimates based on common formulas and guidelines. Actual support awards depend on:
Important: Always consult with a family law attorney in your jurisdiction for personalized advice about your specific situation.
Spousal support laws vary dramatically between states. Understanding your state's approach is critical to setting realistic expectations for your case.
California has well-developed spousal support laws with formula-based temporary support and detailed statutory factors for permanent support. Key features include:
Texas has one of the most restrictive spousal maintenance laws in the nation. Support is considered only when the requesting spouse cannot meet minimum reasonable needs AND:
New York reformed its maintenance laws in 2016 with detailed formulas and duration guidelines:
Florida recently reformed its alimony laws in 2023, eliminating permanent alimony for new cases:
Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Property is divided 50/50, which may affect alimony calculations.
All other states divide property "equitably" (fairly, but not necessarily equally). This gives judges more discretion in both property division and alimony.
Understanding the different types of alimony is essential for knowing what to expect and request in your divorce. Courts award different types based on the purpose and duration of support needed.
Temporary support maintains the status quo during divorce proceedings. This type:
The most common type of post-divorce support, designed to help the recipient become self-supporting:
Short-term support to help the transition from married to single life:
Support for a set period when permanent support is not appropriate:
Long-term or indefinite support, typically reserved for long marriages:
Compensates a spouse who supported the other through education or career development:
One-time payment instead of ongoing periodic payments:
The Tax Cuts and Jobs Act (TCJA) of 2017 fundamentally changed how alimony is treated for tax purposes. Understanding these rules is critical for negotiating fair support arrangements.
For divorce or separation agreements executed after December 31, 2018:
For divorce or separation agreements executed before January 1, 2019:
The tax law change significantly affects how support should be negotiated:
Higher earner in 35% bracket pays $5,000/month. After $1,750 tax savings, effective cost is $3,250. Recipient in 22% bracket receives $5,000 but pays $1,100 in taxes, netting $3,900.
Same $5,000/month payment has no tax deduction for payer (full $5,000 cost) and no tax liability for recipient (full $5,000 received). Net cost to payer increased by $1,750.
Even for pre-2019 agreements, payments must meet IRS requirements to qualify as deductible alimony:
The tax treatment differs significantly:
State tax treatment may differ from federal rules:
Given the tax law changes, consider these strategies:
Life circumstances change, and spousal support orders can often be modified to reflect new realities. Understanding the modification process and grounds is essential for both payers and recipients.
Courts generally require a "substantial change in circumstances" to modify support. Common grounds include:
To modify a support order, you typically must:
Some types of support cannot be modified:
Spousal support typically terminates upon:
Rules regarding cohabitation vary significantly:
Cohabitation creates a rebuttable presumption of decreased need for support. Recipient can prove they still need support despite cohabitation.
Maintenance terminates if recipient cohabitates with another person in a dating relationship for at least 6 months.
Maintenance may be reduced or terminated based on cohabitation, but not automatic. Court considers financial impact.
Supportive relationship (cohabitation) is grounds for modification or termination. Includes financial interdependence factors.
Retirement raises special modification issues:
Navigating spousal support requires understanding complex legal and financial issues. Here are resources to help you learn more and find assistance.
Use these tools alongside the alimony calculator for comprehensive divorce planning:
California Courts Self-Help Center provides forms, instructions, and guidance for divorce proceedings including spousal support requests.
Texas Law Help offers free legal information and forms for family law matters including spousal maintenance.
NY Courts DIY Forms provides step-by-step guidance for divorce filings and maintenance requests.
Florida Courts Self-Help offers approved family law forms and instructions for alimony matters.
If you cannot afford an attorney:
Divorce has significant financial implications beyond alimony:
Before litigation, consider alternatives:
While this calculator and self-help resources can help, consult an attorney if:
Comprehensive answers to common questions about spousal support, alimony calculations, and divorce financial matters.
Alimony and spousal support are generally the same thing - financial payments from one spouse to another during or after divorce. Some states use different terminology: "alimony" (Florida, New York), "spousal support" (California), or "spousal maintenance" (Texas, Illinois). Regardless of the term, the purpose is to help the lower-earning spouse maintain a reasonable standard of living after divorce.
California uses a formula for temporary spousal support, typically 40% of the higher earner's net income minus 50% of the lower earner's net income. Permanent support considers factors in Family Code Section 4320 including: length of marriage, standard of living, each spouse's earning capacity, age and health, domestic violence history, contributions as homemaker, and more. For marriages over 10 years, the court retains jurisdiction indefinitely.
Texas has very limited "spousal maintenance" compared to other states. It's only available if the marriage lasted 10+ years and the requesting spouse lacks sufficient property to provide for minimum reasonable needs, OR there was family violence within 2 years, OR a spouse or child has a disability. Maximum duration is typically 5-10 years depending on marriage length, and payments are capped at $5,000/month or 20% of gross income, whichever is less.
Duration varies by state and circumstances. General guidelines: for marriages under 10 years, support often lasts half the marriage length. For marriages 10+ years, support may continue indefinitely (especially in California where the court retains jurisdiction). Rehabilitative support typically lasts 2-5 years. Bridge-the-gap support usually maxes at 2 years. Support typically terminates upon remarriage, death, or court order.
It depends on your state. California is a "no-fault" divorce state, meaning adultery generally does not affect alimony awards. Texas and New York may consider adultery as a factor but it rarely eliminates support entirely. Florida courts can consider adultery when determining alimony. In all states, the focus is primarily on financial need and ability to pay, not marital misconduct.
For divorce agreements executed after December 31, 2018, alimony payments are NOT tax deductible for the payer and NOT taxable income for the recipient. This was changed by the Tax Cuts and Jobs Act. If your agreement was executed before 2019 and hasn't been modified to adopt the new rules, the old tax treatment may still apply (deductible by payer, taxable to recipient).
Under current law (post-2018), there's no tax arbitrage opportunity. The payer pays from after-tax dollars, and the recipient receives tax-free payments. This means the total "pie" available for support is smaller than under old rules. Negotiations should focus on the recipient's actual needs and the payer's ability to pay, without considering tax deductions. Consider consulting both a family law attorney and tax professional.
Yes, alimony can typically be modified if there's a substantial change in circumstances, such as job loss, significant income change, retirement, or the recipient's improved financial situation. However, some agreements include non-modifiable clauses, and certain types of support (like bridge-the-gap in Florida) cannot be modified. You must petition the court and prove the changed circumstances.
It depends on your state. In California, cohabitation creates a rebuttable presumption of decreased need. In Texas, maintenance terminates after 6 months of cohabitation with a dating partner. Florida considers "supportive relationships" as grounds for modification. New York courts have discretion based on financial impact. Check your divorce decree for specific provisions about cohabitation.
No, do not stop paying without a court order. Even if you lose your job, you remain obligated under the existing order until it's modified. File a motion to modify as soon as possible after job loss, documenting the circumstances. Continue paying what you can and communicate with your ex-spouse. Voluntary job loss or intentional underemployment may not justify modification.
Retirement can be grounds for modification, but it's not automatic. Courts consider whether retirement is "reasonable" based on age, health, industry norms, and whether it was contemplated in the original order. You must petition for modification. Both parties' retirement assets, Social Security benefits, and ongoing needs will be considered. Plan ahead - don't wait until retirement day to address this.
Gross income from all sources is typically considered, including: wages and salaries, bonuses and commissions, self-employment income, investment income, rental income, retirement benefits, and sometimes imputed income if voluntarily unemployed. Deductions may include mandatory retirement contributions, union dues, and health insurance. Business owners may have income calculated differently based on business financials.
This calculator provides estimates based on common formulas and guidelines used in each state. For temporary support in formula-based states like California, estimates can be quite accurate. For permanent support and discretionary states, actual awards depend heavily on specific facts, judge's discretion, and negotiation. Use this as a starting point for understanding possibilities, not as a guarantee of outcome. Always consult with a family law attorney for your specific situation.
Yes, custody arrangements can affect alimony calculations. The custodial parent may have reduced earning capacity due to childcare responsibilities. Child support is usually calculated separately but considered in the overall financial picture. Some states factor in the costs of maintaining a home for children. The need to be available for children may affect the recipient's rehabilitation timeline.
You have several enforcement options: file a contempt motion (the court can order payment and impose penalties), seek wage garnishment (automatic deduction from payer's paycheck), place liens on property, intercept tax refunds, and in extreme cases, the payer can face jail time. Keep records of all missed payments. Consider hiring an attorney for enforcement actions.
No, alimony and spousal support obligations generally cannot be discharged in bankruptcy. They are considered "domestic support obligations" that survive bankruptcy. Past-due alimony remains owed, and future payments continue. However, bankruptcy may affect the payer's ability to pay and could be grounds for modification. The automatic stay does not prevent collection of domestic support obligations.
Life insurance is not automatically required, but courts often order the paying spouse to maintain life insurance with the recipient as beneficiary to secure alimony payments. The amount should cover the present value of remaining support payments. This protects the recipient if the payer dies before support ends. Include specific provisions in your divorce agreement about insurance requirements.
Florida's 2023 alimony reform (SB 1416) made significant changes: permanent alimony is eliminated for new cases, durational support is limited based on marriage length (50% for short, 60% for moderate, 75% for long marriages), and there's a presumption that support shouldn't exceed 35% of the income difference. Adultery can be considered, and retirement creates a presumption for modification.
In California, marriages of 10 years or more are considered "long-term marriages." For these marriages, the court retains jurisdiction indefinitely to modify spousal support, meaning there's no automatic termination date. The supported spouse is expected to become self-supporting within a reasonable time, but for long marriages, this goal may be aspirational rather than required. This differs from shorter marriages where support typically ends after half the marriage length.
New York uses a formula for maintenance: the lesser of (a) 30% of payer's income minus 20% of payee's income, OR (b) 40% of combined income minus payee's income. This applies to payor income up to $203,000 (2023 cap, adjusted annually). Duration is advisory based on marriage length: 15-30% for 0-15 years, 30-40% for 15-20 years, 35-50% for 20+ years. Courts have discretion for incomes above the cap.
Need personalized guidance on spousal support, divorce negotiations, or family law matters? I offer consultations for California clients on family law and related issues.