Spousal support: how courts decide

Spousal support, also called alimony or maintenance, helps a lower earning spouse adjust after divorce. It is not automatic.

What courts weigh

• How long you were married.
• Each spouse's income, earning capacity, age and health.
• The standard of living during the marriage.
• Time out of the workforce to raise children or support the other spouse's career.
• The ability of one spouse to pay while meeting their own needs.

Formula states

A few states publish formulas. Illinois, for example, uses 33.33 percent of the payer's net income minus 25 percent of the recipient's, capped so the recipient does not end up with more than 40 percent of combined net income, with duration tied to years married. New York uses a formula for incomes up to a cap. Florida's 2023 reform ended permanent alimony and limits durational alimony by marriage length.

Kinds of support

• Temporary: paid while the case is open.
• Rehabilitative or transitional: paid while the recipient trains or returns to work.
• Durational: paid for a set time, often a fraction of the marriage length.

Taxes

For divorces finalized after 2018, alimony is not deductible by the payer and is not taxable income to the recipient under federal law.

This guide is general information, not legal advice. Laws differ by state and change over time. For advice about your situation, talk to a licensed attorney in your state.