Alimony — also called spousal support or spousal maintenance — is the payment one spouse makes to the other after separation or divorce. The amount and duration are not calculated by a single national formula. Instead, most states leave considerable discretion to judges, who weigh a list of statutory factors against the specific facts of each case. That said, patterns emerge. Income gap, years married, and each spouse's earning capacity drive the bulk of most awards.
The numbers below reflect typical outcomes drawn from state statutes, case data, and published guidelines. They are estimates to help you understand your likely range — not predictions of what a court will order in your case.
Key Alimony Numbers at a Glance
Factors Courts Typically Weigh
Most state statutes list specific factors a judge must consider before setting alimony. The list below reflects the factors that appear most consistently across jurisdictions. No single factor determines the outcome, and many courts weigh them together rather than applying a strict formula.
| Factor | What Courts Typically Examine | Direction of Effect |
|---|---|---|
| Income difference | Gross income of each spouse, including bonuses and self-employment | Larger gap → larger award |
| Marriage length | Date of marriage through date of separation | Longer marriage → higher amount and longer duration |
| Earning capacity | Education, work history, job market conditions for each spouse | Lower earning capacity → higher award |
| Standard of living | Lifestyle established during the marriage | Higher marital standard → higher award baseline |
| Age and health | Physical condition, disability, mental health needs | Poor health or advanced age → longer or permanent award |
| Child-rearing responsibilities | Whether one spouse left the workforce to raise children | Career gap → higher award |
| Contributions to spouse's career | Supported a degree, moved for the other's job, managed the household | Documented contributions → increases award |
| Misconduct (minority of states) | Adultery, financial waste, domestic abuse | Varies — some states allow fault to affect amount |
Alimony Duration by Marriage Length
Duration guidelines vary widely by state, and many courts have discretion to deviate from any published formula. The table below reflects ranges that appear commonly in published case law and state advisory guidelines — not guaranteed outcomes.
| Marriage Length | Typical Duration of Support | Common Type Awarded |
|---|---|---|
| Under 3 years | 0–1 year, or none | Transitional / rehabilitative |
| 3–7 years | 1–3 years | Rehabilitative |
| 7–15 years | 3–7 years (often ½ the marriage length) | Rehabilitative or durational |
| 15–20 years | 7–12 years | Durational or long-term |
| 20+ years | 10+ years; permanent in some states | Long-term or permanent |
How to Estimate a Rough Amount Yourself
No formula works in every state, but the income-share approach gives a useful starting range for planning purposes. Here is the basic method many attorneys use to set initial expectations:
Step 1 — Find the gross income difference
Take the higher-earning spouse's annual gross income and subtract the lower-earning spouse's annual gross income. Use income before taxes, including overtime, bonuses, and self-employment net profit.
Example: Spouse A earns $120,000 / year. Spouse B earns $40,000 / year. Income gap = $80,000.
Step 2 — Apply a percentage to the gap
Many states and practitioners apply somewhere between 20% and 35% of the income gap as the annual alimony amount. The exact percentage depends on marriage length, child custody, and other statutory factors.
Example at 30%: $80,000 × 30% = $24,000 per year, or $2,000 per month.
Step 3 — Check the need-and-ability test
Most courts also verify that the receiving spouse actually needs the support (i.e., cannot maintain a reasonable standard of living without it) and that the paying spouse has the ability to pay without being left below subsistence level. The calculated amount gets adjusted downward if it would leave either party unable to cover basic expenses.
Step 4 — Apply duration based on marriage length
Use the duration table above as a starting reference. For a 12-year marriage, a range of 4–6 years is a reasonable planning assumption in most states.
This method produces an estimate, not a guarantee. Courts have significant discretion, and a negotiated settlement often lands at a different number than a litigated outcome.
State-by-State Variation
Spousal support law differs more across states than almost any other area of family law. Here is how five major states approach alimony in 2026:
Florida
Florida overhauled its alimony statute in 2023, eliminating permanent alimony for most cases. Courts now award one of four types — bridge-the-gap, rehabilitative, durational, or temporary — with durational support capped at 50% of the marriage length for marriages of 3–17 years. For marriages of 17+ years, courts may award up to 75% of the marriage length. Income is the primary driver of amount, and Florida uses a needs-and-ability framework with no fixed percentage.
Texas
Texas calls its spousal support "spousal maintenance" and is generally considered one of the least alimony-generous states. Eligibility typically requires a marriage of at least 10 years, or a spouse with a disability or custody of a disabled child. The monthly cap is the lesser of $5,000 or 20% of the paying spouse's average gross monthly income. Duration caps run from 5 to 10 years depending on marriage length.
California
California allows courts broad discretion and specifically lists 14 factors in Family Code Section 4320. The "guideline" for temporary support during proceedings is often calculated using software (DissoMaster or xSpouse), which applies a formula based on each party's net disposable income. For long-term support after judgment, there is no state formula — judges weigh the statutory factors. For marriages under 10 years, the informal expectation is support lasting half the marriage length. For marriages of 10 years or more, courts retain jurisdiction indefinitely unless otherwise specified.
New York
New York has a statutory formula for post-divorce maintenance that varies based on whether the receiving spouse has child support. For payor income up to $203,000 (the statutory cap, adjusted periodically), the formula produces a specific percentage-based amount. Above the cap, courts have discretion. Duration is set by advisory guidelines linked to marriage length, ranging from 15% to 30% of the marriage for short marriages and up to 50% for marriages of 20 years or more.
Massachusetts
The Massachusetts Alimony Reform Act of 2012 remains the framework. It created four alimony types and established duration limits tied to marriage length. General term alimony — the most common type — is capped at 80% of the marriage length for marriages of 10–15 years, and at the length of the marriage for marriages over 20 years. The amount generally should not exceed the recipient's "need" or 30–35% of the difference in the parties' gross incomes, per case law guidelines.
Modifying Alimony After It Is Set
Most alimony orders can be revisited if circumstances change substantially. Common grounds for modification include:
- The paying spouse loses a job or suffers a significant income reduction
- The receiving spouse remarries (which automatically terminates alimony in most states)
- The receiving spouse begins cohabitating with a new partner (grounds for modification or termination in many states)
- Either party experiences a serious health event affecting earning ability
- The receiving spouse's income increases significantly
If an agreement specifies that alimony is "non-modifiable," courts generally honor that language — meaning neither party can return to court to change the amount or duration even if their circumstances shift dramatically. Many attorneys recommend against non-modifiable provisions for that reason, though they can be appropriate when a clean break is the priority.
Modification requests require filing a motion with the court and demonstrating the changed circumstances. Courts rarely grant modifications based solely on one party's dissatisfaction with the original award.
Estimate Your Full Settlement
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Estimate Your Full Settlement →Frequently Asked Questions
How long does alimony typically last?
Duration varies by state and marriage length. Many courts use a rough guideline of one year of support for every two to three years of marriage, but this is not universal. Marriages under 10 years often result in shorter-term rehabilitative support, while marriages of 20 years or more can produce long-term or even permanent alimony in some jurisdictions. The receiving spouse's ability to become self-supporting is typically the most important practical factor.
Is alimony taxable in 2026?
For agreements finalized after December 31, 2018, alimony is not taxable income for the recipient and not tax-deductible for the payer under the Tax Cuts and Jobs Act. Agreements finalized before January 1, 2019 follow the prior rules unless both parties modify the agreement and explicitly elect the new tax treatment. A tax professional should review any proposed settlement before it is signed.
Can alimony be modified after it is ordered?
In most states, yes — if there is a substantial change in circumstances. Remarriage of the recipient, a major income shift for either party, or a serious health event can all qualify. Agreements that are designated "non-modifiable" generally cannot be revisited. Courts typically require a formal motion and evidence of the changed circumstances before granting any modification.