Which states have alimony formulas?

About 15 states use mathematical formulas including New York, Illinois, Colorado, Massachusetts, and California (for temporary support). Other states use judicial discretion with guidelines. Our calculator accounts for all 50 states' approaches.

Free Alimony & Spousal Support Calculator for All 50 States

Estimate potential alimony, spousal support, or spousal maintenance payments based on your state's guidelines. Get instant ranges showing minimum and maximum likely amounts — no credit card required.

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Get a quick estimate of potential alimony/spousal support based on your state's guidelines. Results show ranges to account for judicial discretion.

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Disclaimer:

This calculator provides educational estimates only. Actual alimony awards vary significantly based on individual circumstances, local judges, and factors not included here. The ranges shown reflect typical judicial discretion. This is not legal advice and should not be relied upon for legal decisions.

For a comprehensive analysis tailored to your situation, register for our full application or consult with a family law attorney in your state.

How Our Spousal Support Calculator Works

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Select your state, marriage duration, and both spouses' annual incomes. Add optional factors for more accuracy.

State-Specific Calculation

Our calculator applies your state's specific approach: formula-based, income equalization, or discretionary factors.

Get Your Estimate Range

Receive minimum and maximum estimates, duration ranges, and probability assessment based on common outcomes.

Understanding How Alimony Is Calculated

Alimony — also called spousal support or spousal maintenance depending on the state — is determined by examining several financial and personal factors. While every state handles it differently, the core principles remain consistent: courts want to prevent one spouse from facing severe economic hardship after a divorce while encouraging both parties to become self-supporting over time.

The Income Differential Approach

The single most important factor in nearly every alimony calculation is the income gap between spouses. Courts look at the difference between what each party earns — or has the capacity to earn — and use that gap to determine whether support is appropriate. In formula states like Illinois, the calculation is explicit: 33.33% of the payor's net income minus 25% of the recipient's net income, capped so the recipient doesn't receive more than 40% of the combined net. In discretionary states, judges weigh the gap alongside other factors but the principle is the same.

Marriage Duration and Alimony Duration

How long you were married directly influences how long alimony lasts. Most states divide marriages into tiers. Short marriages (under 5 years) typically result in support lasting 30-50% of the marriage length. Medium marriages (5-20 years) may see support for 40-70% of the marriage duration. Long marriages (20+ years) can qualify for indefinite or open-durational support in many states — though even “indefinite” orders can be modified. Massachusetts, for example, created strict statutory caps in 2011 that tie duration directly to marriage length and mandate termination when the payor reaches full retirement age.

Tax Implications After 2018

The Tax Cuts and Jobs Act (TCJA) fundamentally changed alimony economics for divorces finalized after December 31, 2018. Under the old rules, the payor could deduct alimony payments and the recipient reported them as income. Now, alimony is neither deductible by the payor nor taxable to the recipient. This means a $3,000 monthly alimony payment costs the payor the full $3,000 — not a reduced after-tax amount. When negotiating, both parties should factor in the true after-tax cost of support versus alternative property division arrangements.

Temporary vs. Permanent Spousal Support

Many states distinguish between temporary (pendente lite) support awarded during the divorce proceedings and permanent support ordered at the final decree. Temporary support often uses a simpler formula — California's Santa Clara County guideline of 40% of the higher earner's net minus 50% of the lower earner's net is a well-known example. Permanent support is more nuanced and considers the full range of statutory factors. The two amounts can differ significantly, so an estimate of temporary support should not be mistaken for the final obligation.

How Child Support Interacts with Alimony

When children are involved, child support is typically calculated first. In many states, the child support obligation is then deducted from the payor's income before the alimony formula is applied. New York makes this explicit: when the payor also pays child support, the alimony formula adjusts to (20% of payor income minus 25% of recipient income). This means the combined obligation is usually less than calculating each independently. Use our child support calculator alongside this tool to understand the full picture.

State-by-State Alimony Approaches

Every state has its own framework for determining spousal support. Understanding your state's approach helps you anticipate what a court might order — and where you have room to negotiate.

Formula-Based States

About 15 states use mathematical formulas that produce a presumptive support amount. Illinois applies 33.33% of payor net income minus 25% of recipient net income. Colorado uses 40% of the higher income minus 50% of the lower income for combined gross incomes under $240,000. New York caps the payor income at $228,000 (2025) and uses a two-formula comparison, awarding the lesser amount. These formulas reduce unpredictability, though judges can deviate when the facts warrant it.

Income Equalization States

States like New Jersey, Vermont, and Oregon aim to equalize the financial impact of divorce on both spouses. The goal is not identical incomes but rather ensuring neither party experiences a drastic decline in their standard of living. New Jersey eliminated “permanent” alimony in 2014, replacing it with “open durational” alimony for marriages of 20 or more years. These states tend to produce more generous support awards for long marriages where one spouse was the primary earner.

Rehabilitative Alimony States

Indiana, Tennessee, Arkansas, and several other states prioritize temporary support designed to help the lower-earning spouse become self-supporting. Indiana is one of the most restrictive states, generally capping rehabilitative maintenance at 3 years. The expectation is that the recipient will use the support period to obtain education, training, or work experience needed to sustain themselves. Courts in these states are less likely to award long-term support even for longer marriages.

Discretionary Alimony States

Ohio, Michigan, Wisconsin, Minnesota, Washington, and several other states give judges broad discretion to set alimony based on a list of statutory factors. While this flexibility allows courts to tailor awards to unique circumstances, it also means outcomes can be less predictable and may vary by county or judge. Wisconsin courts often reference an informal guideline of roughly 50% of the income difference, but it is not binding.

Fault-Consideration States

North Carolina, Virginia, West Virginia, and Maine consider marital misconduct when determining alimony. In North Carolina, adultery by the dependent spouse bars alimony entirely, while the payor's adultery can increase the award. Virginia similarly allows courts to deny support to a spouse who committed adultery unless doing so would create a “manifest injustice.” Georgia bars alimony when the requesting spouse committed adultery or marital desertion.

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Factors That Affect Your Alimony Estimate

Beyond the basic inputs in our calculator, courts weigh a range of factors that can push your alimony award higher or lower than the guideline amount.

Income and Earning Capacity

Courts look not only at current income but at each spouse's capacity to earn. A spouse who is voluntarily underemployed may have income imputed to them. Professional degrees, certifications, and work history all factor into earning capacity assessments.

Standard of Living During Marriage

The marital standard of living serves as a benchmark. Courts aim to help the lower-earning spouse maintain a reasonably comparable lifestyle, particularly in long marriages where one spouse may have been accustomed to a higher standard for decades.

Career Sacrifices and Education

A spouse who left the workforce to raise children or support the other spouse's career is often given special consideration. Some states award reimbursement alimony to compensate for supporting a spouse through professional school or licensure.

Age and Health Considerations

Older spouses or those with health conditions that limit their ability to work are more likely to receive longer-duration or higher-amount support. Courts recognize that re-entering the workforce after decades of absence becomes increasingly difficult with age.

Marital Misconduct

In fault-consideration states, adultery, abuse, or other misconduct can significantly impact the alimony outcome. Even in no-fault states, economic misconduct — such as hiding assets or dissipating marital funds — may influence the court's award. Our calculator includes a fault toggle for states where this applies.

Planning tip: The more of these factors you can document, the stronger your negotiating position. Our full application helps you build a comprehensive financial picture that accounts for all of these variables.

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How Alimony Compares to Property Division

Alimony and property division are the two primary financial components of a divorce settlement. Understanding how they interact can help you make better negotiation decisions.

Monthly Payments vs. Lump Sum Settlements

Alimony is typically paid monthly, but some couples negotiate lump-sum buyouts where the payor gives a larger share of assets in exchange for eliminating ongoing payments. This can be advantageous for both parties: the recipient gets certainty and the payor avoids years of monthly obligations. The trade-off calculations depend on the present value of future payments, tax considerations, and each party's financial needs.

Why Asset Division Often Matters More

For many couples, the equity in the marital home, retirement accounts, and investment portfolios represents far more value than several years of alimony payments. A spouse who keeps a $400,000 retirement account may be better off than one who receives $2,500 per month for five years ($150,000 total). The right comparison requires modeling both scenarios with their tax implications and time value of money.

Negotiation Strategies

When negotiating, consider trading alimony concessions for favorable property division terms or vice versa. For example, agreeing to a slightly higher alimony amount in exchange for keeping the family home (and avoiding the costs of selling) can be a win for both sides. Our divorce cost calculator can help you model the full financial picture.

Frequently Asked Questions

How accurate is this spousal support calculator?

This calculator provides estimates based on common state guidelines and formulas for alimony, spousal support, and spousal maintenance. Actual awards can vary significantly based on individual circumstances, local judges, and specific factors in your case. Use this as a starting point for understanding potential ranges.

What factors affect spousal maintenance calculations?

Key factors for alimony or spousal support include: marriage duration, income disparity between spouses, state of residence, presence of children, career sacrifices, age and health of parties, and in some states, marital fault. Each state weighs these factors differently when determining maintenance.

Which states have spousal support formulas?

About 15 states use mathematical formulas for alimony including New York, Illinois, Colorado, Massachusetts, and California (for temporary spousal support). Other states use judicial discretion with guidelines for maintenance. Our calculator accounts for all 50 states' approaches to spousal support.

How long does spousal maintenance last?

Alimony duration varies by state and marriage length. Short marriages (under 5 years) typically result in spousal support for 30-50% of the marriage duration. Long marriages (20+ years) may result in indefinite maintenance. Most states limit spousal support duration to encourage self-sufficiency.

Can spousal support be modified after divorce?

Yes, alimony or spousal maintenance can often be modified if there's a substantial change in circumstances such as job loss, retirement, remarriage of the recipient, or significant income changes. The process for modifying spousal support varies by state and the terms of your divorce agreement.

Is alimony tax-deductible?

For divorces finalized after December 31, 2018, alimony is no longer tax-deductible for the payor and is not taxable income for the recipient. This change under the Tax Cuts and Jobs Act means the paying spouse bears the full cost of each payment. Divorces finalized before 2019 may still follow the old rules unless the agreement is modified.

What is the difference between alimony, spousal support, and maintenance?

These terms all refer to the same concept — financial payments from one former spouse to the other after divorce. “Alimony” is the traditional legal term used in most states. “Spousal support” is commonly used in California and several western states. “Spousal maintenance” is the preferred term in states like Texas and New York. The underlying legal framework is the same regardless of terminology.

Can I get alimony if we were married less than 5 years?

It depends on the state. Some states like Texas require a minimum of 10 years of marriage (with exceptions for family violence or disability). Most states do not have a minimum marriage duration but short marriages typically result in brief, rehabilitative support. If there is a large income disparity or significant career sacrifice, courts may award support even after a short marriage.

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