Spousal Support in Wyoming: A Full Guide

Wyoming takes a spare, case-by-case approach to spousal support. Three short statutes do most of the work—§ 20-2-111 (temporary support), § 20-2-114 (alimony with the decree), and § 20-2-116 (modification)—and there is no formula or guideline percentage. Instead, the Wyoming Supreme Court has built a consistent body of case law centered on the payee's need, the payor's ability to pay, and a strong preference for resolving financial disparities through property division before turning to alimony. This guide explains how each form of support works and what to expect if alimony becomes part of your divorce.

Types of Spousal Support in Wyoming

Wyoming statutes do not enumerate alimony types by name, but the Supreme Court's case law and common practice recognize several distinct categories:

• Temporary (pendente lite) support — Available while the divorce is pending so both parties can maintain themselves and litigate on roughly equal footing. Under § 20-2-111, the court may order “any sum necessary” for support, attorney's fees, and litigation costs. This ends when the court enters the divorce decree.
• Rehabilitative alimony — Time-limited support designed to help the recipient regain or build earning capacity through education, licensing, or job experience. The Supreme Court has endorsed this approach in cases like Hendrickson (four years), Stevens (five years at $2,000 per month), and Bloedow (2024). This is the most common form of post-decree alimony in Wyoming.
• Durational (term) alimony — Finite support not tied to a specific training plan. Wyoming courts often pair a moderate alimony term with property division to bridge income disparities after the marriage ends.
• Permanent or indefinite alimony — Rare, but possible in very long marriages or when the payee cannot reasonably become self-supporting due to age or health. The court can even require payments to continue after the payor's death if the decree expressly states so and provides security such as a trust or life insurance (Oedekoven, 1996).

Who Qualifies for Alimony

Wyoming has no multi-factor statutory checklist for alimony. Instead, the Supreme Court has distilled the inquiry to a core test: the requesting spouse must show genuine need, and the other spouse must have the ability to pay. Beyond that central question, courts consider several additional circumstances:

• Length of the marriage and roles: Longer marriages and extended time out of the labor market—particularly as a primary caregiver—support a rehabilitative award.
• Age and health: Diminished capacity to work can justify a larger or longer award. In rare cases, inability to reenter the workforce may support indefinite support.
• Property division: Wyoming courts strongly prefer using property division as the “preferable modern substitute” for alimony. Only when property cannot adequately meet the payee's need does alimony fill the gap.
• Earning capacity vs. current income: Courts look beyond a current paycheck to realistic earning potential. In Muller v. Muller (1992), the Supreme Court upheld using a “realistic business income expectancy test” even when the obligor was temporarily underemployed.
• Marital standard of living: While Wyoming does not guarantee the prior lifestyle, courts do consider budgets, living history, and realistic post-divorce transitions.
• Misconduct: Wyoming is a no-fault state and alimony cannot be used as punishment. However, fault may factor into the overall equitable analysis if it is financially relevant—for example, asset dissipation.

How Courts Determine the Amount

Unlike Wyoming child support, which follows statutory guidelines under § 20-2-304, alimony has no formula, no percentage table, and no statutory cap. Judges weigh the requesting spouse's documented financial need against the paying spouse's ability to pay, after accounting for the property division.

Reported cases show a wide range of outcomes:

• Hendrickson (1978): $300 per month for 48 months
• Johnson (2000): $1,000 per month for 36 months, plus COBRA premiums
• Stevens (2014): $2,000 per month for five years
• Kamm (2016): $1,000 per month for three months where property largely addressed equities
• Bloedow (2024): approximately $1,084 per month temporary rehabilitative alimony

Practical Tip: Because Wyoming has no alimony formula, detailed financial disclosure drives the outcome. Prepare line-item monthly budgets for both spouses and document all income streams, including realistic earning capacity for business owners. Courts rely heavily on this evidence to justify an award amount.

See how Wyoming spousal support might apply to your situation:

How Long Does Alimony Last

There is no statutory duration grid in Wyoming. Courts decide on a case-by-case basis, with a general preference for the shortest reasonable term that allows the recipient to become self-supporting. Typical patterns from reported cases include:

• Short marriages (under 7 years): Often no alimony, or a brief rehabilitative award of 6 to 24 months if a spouse left the workforce. Property awards may be sufficient on their own.
• Mid-length marriages (8–15 years): Rehabilitative or durational alimony in the 1 to 5 year range is common, especially when one spouse needs time to retrain or reenter the job market.
• Long marriages (16–25 years): Typically still time-limited at 3 to 7 years, unless the payee has serious health or age limitations. A substantial property award can reduce the alimony term significantly.
• Very long marriages (25+ years): Indefinite support is possible but rare. It generally requires showing the payee cannot reasonably become self-supporting. The court can order payments to continue past the payor's death if the decree clearly says so and is secured.

Modification and Termination

Either party can petition to modify alimony under § 20-2-116 by showing a material and substantial change in circumstances since the decree. The change must outweigh the interest in finality. Common triggers include job loss, significant income changes, serious illness, or retirement. Courts have wide discretion, and even notable income shifts may not suffice without more.

Wyoming's rules on automatic termination are notably different from many states:

• Remarriage: Does not automatically terminate alimony in Wyoming. In Maher v. Maher (2004), the Supreme Court confirmed that the payor must file a petition and prove that the remarriage constitutes a material and substantial change. If the decree includes a remarriage termination clause, those terms control.
• Cohabitation: No Wyoming statute makes cohabitation an automatic terminator. If the decree includes a cohabitation clause (many parties negotiate specific definitions and triggers), those terms apply. Without such a clause, cohabitation may be evidence of reduced need but still requires a formal modification petition.
• Death: Unless the decree expressly provides otherwise and is secured with a trust, lien, or life insurance, alimony typically ends at the death of either party.

Tax Treatment

For divorces finalized after December 31, 2018, alimony is not deductible by the payer and not taxable to the recipient under the federal Tax Cuts and Jobs Act. Pre-2019 orders retain the old deductible/taxable treatment unless a later modification expressly elects the post-2018 rules. IRS Publication 504 explains these rules in detail.

Wyoming has no state income tax, so there is no separate state-level alimony deduction or inclusion to consider. The federal rule is the only tax treatment that applies.

Enforcement

Wyoming provides several tools to enforce alimony orders. Under § 20-2-112, courts can require security (such as a bond or lien), and enforce through attachment, contempt proceedings, or injunction. The Wyoming Income Withholding Act (§§ 20-6-201 to 20-6-222) defines “support order” to include spousal support, so courts enter an income withholding order upon entry or modification of any support order.

Frequently Asked Questions

Does Wyoming use a formula to calculate alimony? No. Wyoming has no statutory formula, guideline percentage, or alimony calculator built into the law. The judge decides each case individually based on the payee's need and the payor's ability to pay, with property division as the first resort.

Can I get alimony after a short marriage? It is possible but uncommon. Courts generally reserve alimony for marriages of meaningful length. For a short marriage, the requesting spouse must show clear financial need stemming from sacrifices made during the marriage, such as leaving the workforce.

Does my ex's remarriage end my alimony? Not automatically. Wyoming is one of few states where remarriage does not terminate alimony by operation of law. The paying spouse must petition the court and demonstrate that the remarriage creates a material and substantial change in circumstances. For more on how Wyoming divorce proceedings work, see our related guide.

What happens if my ex stops paying? You can file a contempt petition with the court that issued the alimony order. Courts can enforce through contempt proceedings, income withholding, and security requirements such as bonds or liens on property.