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Family Law

What is Alimony?

Court-ordered financial support paid by one spouse to the other during or after divorce, also known as spousal support or maintenance.

Understanding Alimony

Alimony recognizes that one spouse may have sacrificed career opportunities during marriage. Factors include marriage length, standard of living, earning capacity, and contributions to the marriage. It may be temporary, rehabilitative, or permanent.

Examples

  • 1Temporary alimony during divorce proceedings
  • 2Rehabilitative alimony while spouse completes education
  • 3Permanent alimony after 25-year marriage

Why This Matters in Legal Cases

Alimony can represent a significant financial obligation lasting years or even a lifetime. The amount and duration depend on many factors, and the rules vary substantially between states. Some states use formulas while others give judges broad discretion. Understanding alimony laws in your jurisdiction is essential for advising clients on both sides—those seeking support and those who may be required to pay it.

Explaining to Clients

Help clients understand the different types of alimony: temporary (during proceedings), rehabilitative (to support career development), and permanent (in long marriages with significant income disparity). Explain that alimony is not automatic and depends on factors like marriage length, each spouse's earning capacity, and the standard of living during marriage. Tax implications changed significantly after the 2017 Tax Cuts and Jobs Act.

Frequently Asked Questions

How is the amount of alimony determined?

Courts consider multiple factors including the length of the marriage, each spouse's income and earning potential, the marital standard of living, each spouse's age and health, contributions to the marriage (including homemaking and supporting the other spouse's career), and the ability of the paying spouse to support both households. Some states use formulas as guidelines.

Can alimony be modified after it is ordered?

In most cases, yes, if there is a substantial change in circumstances such as job loss, significant income changes, retirement, or the receiving spouse's cohabitation with a new partner. However, if the parties agreed to non-modifiable alimony in their divorce settlement, the court generally cannot change it.

Is alimony taxable?

For divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payer or taxable income for the recipient under federal law. For divorces finalized before 2019, the old rules still apply unless the agreement is modified and specifically adopts the new rules. State tax treatment may vary.

Sources

Related Terms

Divorce

The legal dissolution of a marriage by a court or other competent body, ending the marital relationship and dividing assets, debts, and responsibilities.

Child Custody

The legal arrangement determining where children will live and who will make important decisions about their upbringing after parents separate or divorce.

Child Support

Ongoing payments made by a non-custodial parent to help cover the costs of raising their child, typically continuing until the child reaches adulthood.

Parenting Plan

A written agreement between parents that outlines how they will share time with their children, make decisions, and handle disputes after separation or divorce.

Marital Property

Assets and debts acquired during the marriage that are subject to division in a divorce, as opposed to separate property owned before marriage or received as gifts/inheritance.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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