Alimony by State — 2026 Spousal Support Guide
Alimony laws vary dramatically by state. Only a few states (like Colorado and Texas) use fixed formulas — most leave support to judicial discretion based on factors like marriage length, income disparity, and standard of living. Texas caps alimony at $5,000/month or 20% of the payer's gross income (whichever is less). Colorado uses a formula: 40% of the higher earner's monthly income minus 50% of the lower earner's income, with duration set at 31-50% of the marriage length.
Formula vs. Discretion States
The most fundamental difference in alimony law is whether a state uses a mathematical formula or leaves the amount entirely to the judge's discretion. Formula stateslike Colorado, Kansas, and Massachusetts calculate support as a percentage of the income gap between spouses. Colorado's formula, for example, sets support at 40% of the higher earner's monthly income minus 50% of the lower earner's income, capped at 40% of combined income. Duration is tied directly to the length of the marriage — 31% for a 3-year marriage scaling up to 50% for a 20-year marriage.
Discretion states— the majority — give judges broad authority to weigh statutory factors and set support at whatever amount and duration they deem appropriate. Common factors include the length of the marriage, each spouse's earning capacity, the marital standard of living, age and health of both parties, and contributions to the marriage (including homemaking and child-rearing). This flexibility means similar cases can produce very different outcomes depending on the judge and jurisdiction.
How Duration Is Typically Set
Even in discretion states, courts follow rough guidelines for duration. Short marriages (under 10 years) rarely result in long-term support. Mid-length marriages (10-20 years) typically produce awards lasting 30-50% of the marriage length — so a 15-year marriage might yield 5-7 years of support. Long marriages (20+ years) are the only ones where permanent or indefinite alimony is commonly considered, particularly when one spouse sacrificed career advancement for the family. Several states have recently enacted reforms capping permanent alimony or eliminating it altogether in favor of durational limits.
Community Property States and Spousal Support
Nine states follow community property rules — California, Texas, Arizona, Nevada, Washington, Idaho, New Mexico, Louisiana, and Wisconsin — where marital assets and debts are split 50/50 by default. This equal division affects alimony dynamics: when both spouses leave the marriage with equal assets, courts may reduce or deny long-term support compared to common-law states where one spouse can walk away with far fewer assets. That said, community property does not eliminate alimony — courts in these states still weigh income disparity, earning capacity, and marriage length when setting support amounts and duration.
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50-State Comparison
| State | Approach | Types Available | Key Statute |
|---|---|---|---|
| Alabama | Judicial discretion | temporary, rehabilitative, permanent. Key factors: length of marriage, standard of living, age, health | Ala. Code § 30-2-51 |
| Alaska | Judicial discretion | temporary, rehabilitative, permanent, reorientation. Key factors: length of marriage, station in life, age, health | Alaska Stat. § 25.24.160 |
| Arizona | Judicial discretion | temporary, rehabilitative, permanent (indefinite). Key factors: standard of living, duration of marriage, age, health | A.R.S. § 25-319 |
| Arkansas | Judicial discretion | temporary, rehabilitative, permanent. Key factors: need and ability to pay, financial circumstances, earning capacity, property awarded | Ark. Code Ann. § 9-12-312 |
| California | Judicial discretion | temporary, rehabilitative (transitional), permanent (long-term). Key factors: standard of living during marriage, domestic violence, needs, obligations | Cal. Fam. Code § 4320 |
| Colorado | Formula-based | temporary, short-term, long-term, contractual. Key factors: formula: 40% of higher income minus 50% of lower income, capped at 40% of combined income; duration based on marriage length | C.R.S. § 14-10-114 |
| Connecticut | Judicial discretion | temporary, rehabilitative, permanent, lump-sum. Key factors: length of marriage, causes of dissolution, age, health | Conn. Gen. Stat. § 46b-82 |
| Delaware | Judicial discretion | temporary, rehabilitative, permanent. Key factors: need and ability to pay, financial condition, age, health | Del. Code tit. 13, § 1512 |
| District of Columbia | Judicial discretion | temporary, rehabilitative, indefinite. Key factors: ability to be self-supporting, time needed for education, standard of living, duration of marriage | D.C. Code § 16-913 |
| Florida | Judicial discretion | temporary, bridge-the-gap, rehabilitative, durational. Key factors: standard of living, duration of marriage, age, health | Fla. Stat. § 61.08 |
| Georgia | Judicial discretion | temporary, rehabilitative, permanent, lump-sum. Key factors: standard of living, duration of marriage, age, health | O.C.G.A. § 19-6-1 |
| Hawaii | Judicial discretion | temporary, rehabilitative, transitional, permanent. Key factors: financial resources, ability to meet needs, duration of marriage, standard of living | Haw. Rev. Stat. § 580-47 |
| Idaho | Judicial discretion | temporary, rehabilitative, permanent. Key factors: financial resources, ability to meet needs, time to acquire education, duration of marriage | Idaho Code § 32-705 |
| Illinois | Formula-based | temporary, fixed-term, reviewable, indefinite. Key factors: formula: (33.3% of payor's net income) minus (25% of payee's net income), capped at 40% of combined net income; duration based on marriage length multiplier | 750 ILCS 5/504 |
| Indiana | Formula-based | temporary (provisional), rehabilitative, incapacity-based. Key factors: limited to 3 years rehabilitative unless incapacitated; considers education, earning capacity, and interrupted career | Ind. Code § 31-15-7-2 |
| Iowa | Judicial discretion | temporary, rehabilitative, restitutional, transitional. Key factors: length of marriage, age, health, earning capacity | Iowa Code § 598.21A |
| Kansas | Formula-based | temporary, short-term, long-term. Key factors: limited to 121 months; court considers age, health, earning capacity, duration of marriage | Kan. Stat. Ann. § 23-2902 |
| Kentucky | Judicial discretion | temporary, rehabilitative, permanent. Key factors: financial resources, time to acquire education, standard of living, duration of marriage | Ky. Rev. Stat. § 403.200 |
| Louisiana | Judicial discretion | interim (temporary), final periodic (permanent). Key factors: income and means, financial obligations, earning capacity, age | La. Civ. Code art. 111-113 |
| Maine | Formula-based | general, transitional, reimbursement, nominal. Key factors: formula guidelines based on marriage length; considers income difference, duration of marriage, age, health | Me. Rev. Stat. tit. 19-A, § 951-A |
| Maryland | Judicial discretion | temporary (pendente lite), rehabilitative, indefinite. Key factors: ability to be self-supporting, time to obtain training, standard of living, duration of marriage | Md. Code, Fam. Law § 11-106 |
| Massachusetts | Formula-based | general term, rehabilitative, reimbursement, transitional. Key factors: formula: generally 30-35% of the difference between the parties' gross incomes; duration tied to marriage length (50% for 0-5 yrs up to indefinite for 20+ yrs) | Mass. Gen. Laws ch. 208, § 53 |
| Michigan | Judicial discretion | temporary, periodic, permanent, lump-sum. Key factors: past relations and conduct, length of marriage, ability to work, property awarded | Mich. Comp. Laws § 552.23 |
| Minnesota | Judicial discretion | temporary, short-term, long-term, permanent. Key factors: financial resources, time to acquire education, standard of living during marriage, duration of marriage | Minn. Stat. § 518.552 |
| Mississippi | Judicial discretion | temporary (pendente lite), periodic (rehabilitative), permanent, lump-sum. Key factors: income and expenses, health, earning capacities, needs | Miss. Code Ann. § 93-5-23 |
| Missouri | Judicial discretion | temporary, rehabilitative, modifiable, non-modifiable. Key factors: financial resources, time to acquire training, comparative earning capacity, standard of living | Mo. Rev. Stat. § 452.335 |
| Montana | Judicial discretion | temporary, short-term, long-term. Key factors: financial resources, time to acquire education, standard of living, duration of marriage | Mont. Code Ann. § 40-4-203 |
| Nebraska | Judicial discretion | temporary, rehabilitative, permanent. Key factors: circumstances of parties, duration of marriage, contributions to marriage, ability to engage in employment | Neb. Rev. Stat. § 42-365 |
| Nevada | Formula-based | temporary, rehabilitative, permanent. Key factors: financial condition, nature of property, contribution to property, duration of marriage | Nev. Rev. Stat. § 125.150 |
| New Hampshire | Formula-based | temporary, term, reimbursement. Key factors: formula up to 30% of income difference for up to half the length of marriage; considers need, ability to pay, age, health | N.H. Rev. Stat. § 458:19-a |
| New Jersey | Formula-based | open durational (permanent), limited duration, rehabilitative, reimbursement. Key factors: actual need and ability to pay, duration of marriage, age, health | N.J. Stat. § 2A:34-23 |
| New Mexico | Judicial discretion | temporary (transitional), rehabilitative, indefinite. Key factors: age, health, means of support, current and future earning capacity | N.M. Stat. § 40-4-7 |
| New York | Formula-based | temporary (pendente lite), post-divorce maintenance. Key factors: formula: lesser of (a) 30% of payor's income minus 20% of payee's income, or (b) 40% of combined income minus payee's income; duration per advisory schedule tied to marriage length | N.Y. Dom. Rel. Law § 236(B)(6) |
| North Carolina | Judicial discretion | temporary (postseparation support), permanent. Key factors: marital misconduct, earnings, earning capacities, ages | N.C. Gen. Stat. § 50-16.3A |
| North Dakota | Judicial discretion | temporary, rehabilitative, permanent. Key factors: disadvantaged spouse, time to acquire education, standard of living, duration of marriage | N.D. Cent. Code § 14-05-24.1 |
| Ohio | Judicial discretion | temporary, term, permanent, lump-sum, reserved jurisdiction. Key factors: income, earning ability, age, health | Ohio Rev. Code § 3105.18 |
| Oklahoma | Judicial discretion | temporary, support, transitional. Key factors: need, ability to pay, earning capacity, length of marriage | Okla. Stat. tit. 43, § 121 |
| Oregon | Judicial discretion | temporary (transitional), compensatory, maintenance (long-term). Key factors: duration of marriage, age, health, earning capacity | Or. Rev. Stat. § 107.105 |
| Pennsylvania | Formula-based | temporary (pendente lite), permanent, rehabilitative. Key factors: relative earnings and earning capacities, age, health, sources of income | 23 Pa. C.S. § 3701 |
| Rhode Island | Judicial discretion | temporary (pendente lite), rehabilitative, permanent. Key factors: length of marriage, conduct during marriage, health, age | R.I. Gen. Laws § 15-5-16 |
| South Carolina | Judicial discretion | temporary (pendente lite), rehabilitative, reimbursement, periodic, lump-sum. Key factors: duration of marriage, age and health, earning capacity, standard of living | S.C. Code Ann. § 20-3-130 |
| South Dakota | Judicial discretion | temporary, rehabilitative, permanent. Key factors: length of marriage, financial resources, earning capacity, standard of living | S.D. Codified Laws § 25-4-41 |
| Tennessee | Judicial discretion | temporary, rehabilitative, transitional, long-term (in futuro). Key factors: need, ability to pay, earning capacity, education | Tenn. Code Ann. § 36-5-121 |
| Texas | Formula-based | temporary (spousal support), contractual, court-ordered maintenance. Key factors: limited to lesser of $5, 000/month or 20% of obligor's gross income; marriage must be 10+ years; duration capped at 5-10 years depending on marriage length | Tex. Fam. Code § 8.051 |
| Utah | Formula-based | temporary, rehabilitative, term, permanent. Key factors: standard of living during marriage, needs of recipient, ability of payor, duration of marriage | Utah Code § 30-3-5 |
| Vermont | Judicial discretion | temporary, rehabilitative, permanent. Key factors: financial resources, ability to meet needs, standard of living, duration of marriage | Vt. Stat. tit. 15, § 752 |
| Virginia | Judicial discretion | temporary (pendente lite), rehabilitative, permanent. Key factors: obligations, needs, financial resources, standard of living | Va. Code § 20-107.1 |
| Washington | Judicial discretion | temporary, short-term (rehabilitative), long-term (maintenance). Key factors: financial resources, time to acquire education, standard of living, duration of marriage | Wash. Rev. Code § 26.09.090 |
| West Virginia | Judicial discretion | temporary, rehabilitative, permanent. Key factors: length of marriage, age, health, earning capacities | W. Va. Code § 48-6-301 |
| Wisconsin | Judicial discretion | temporary, limited-term, indefinite. Key factors: length of marriage, age, health, property division | Wis. Stat. § 767.56 |
| Wyoming | Judicial discretion | temporary, rehabilitative, permanent. Key factors: ability to pay, fault, length of marriage, financial conditions | Wyo. Stat. § 20-2-114 |
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Frequently Asked Questions
How long does alimony last?▾
Duration varies by state and marriage length. In Virginia, a 15-year marriage typically results in 5-7 years of support (roughly 30-50% of the marriage length). Marriages over 20 years may qualify for indefinite support in many states. Formula states like Colorado set duration at 31-50% of the marriage length for marriages between 3 and 20 years.
Which states have no alimony?▾
Technically no state prohibits alimony entirely, but Texas severely limits it. Texas caps spousal maintenance at $5,000 per month or 20% of the payer's gross income (whichever is less), and limits duration to a maximum of 10 years. The requesting spouse must also prove they cannot meet minimum reasonable needs.
How is alimony calculated in a formula state?▾
In Colorado, the formula is 40% of the higher earner's monthly adjusted gross income minus 50% of the lower earner's monthly adjusted gross income. The result is capped at 40% of the parties' combined monthly adjusted gross income. Duration is set at 31-50% of the marriage length depending on how long the marriage lasted.
Can alimony be modified after the divorce?▾
Yes, in most states alimony can be modified if there is a material change in circumstances — such as job loss, significant income change, retirement, or serious illness. However, lump-sum awards and non-modifiable agreements (common in settlement negotiations) generally cannot be changed. Some states require the change to be substantial and ongoing, not temporary.
Is alimony taxable?▾
For divorces finalized after December 31, 2018, alimony is no longer deductible by the payer or taxable to the recipient under federal law. This change was enacted by the Tax Cuts and Jobs Act of 2017. Divorces finalized before 2019 still follow the old rules unless the agreement is modified to adopt the new treatment.
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