Alimony (also called spousal support or maintenance) refers to court-ordered payments from one ex-spouse to the other after a divorce, designed to prevent financial hardship and maintain a similar standard of living. However, alimony isn’t automatic, and rules vary greatly by state. Courts carefully consider factors like income disparity, length of marriage, age, health, and the ability to pay when determining if alimony is appropriate, as well as the amount and duration. While not technically a “disqualification,” certain situations can make alimony unlikely, such as the paying spouse’s lack of means, the recipient’s lack of financial need, or domestic violence allegations. State laws differ significantly, so consulting local resources or an attorney is crucial for understanding your specific situation.

What is alimony? 

Alimony (sometimes called spousal support or maintenance, depending on the state you are in) refers to court-ordered payments from one ex-spouse to the other after a divorce or separation.

• Purpose of alimony: Aims to maintain a similar standard of living for both spouses, preventing financial hardship for the lower-earning spouse.
• State-specific: Alimony rules vary significantly by state. It’s crucial to consult local laws and/or an attorney for specifics on how alimony works in your state.
• Your Unique Situation Matters: Courts consider various state factors, such as the length of the marriage, income differences, earning potential, age, health, and contributions to the marriage, when determining whether alimony is appropriate and the alimony amount and duration. But again, the approach to alimony and what factors are used can vary from state to state.
• Temporary vs. Permanent Alimony: Alimony may be awarded short-term to help a spouse become self-sufficient, such as while they find a new job or while the divorce is pending. Or it may be more long-term, especially in extended marriages where one partner is financially dependent.
• Tax Note: Alimony’s tax treatment changed in 2019 for the US. It’s no longer deductible for the paying spouse or taxable income for the recipient in recently finalized divorces.

What factors come into play when determining alimony? 

First, there is the question of determining alimony: “Should alimony be awarded at all?” and then there is the question of “How much and for how long?” These are two separate legal analyses that a court will undergo in determining your financial fate in a divorce. Again, every state is different. 

Determining if alimony should be awarded at all

Again, this is a heavily state-dependent question. Nonetheless, here are some factors that states may (or may not) utilize in determining if alimony should be awarded or not: 

• The length of the marriage
• The earnings and earning capacity of each spouse 
• The division of property between spouses from the divorce 
• The age of the spouses 
• The health of the spouses 
• The ability of one spouse to pay alimony 
• The need for one spouse to receive alimony
• And more. 

As you can see, the court may look at the totality of the circumstances of your situation to determine if alimony is appropriate given the situation.

Determining how much alimony and for how long

Calculating the duration and amount is another heavily state-dependent determination. Many states have specific formulas that take the person paying’s income and multiply it by a certain number, and subtract other factors, such as the person receiving alimony’s income, to get the amount of alimony that should be paid.

For example, in Illinois, the calculation looks something like this:

Here is the fine print from the Illinois Marriage and Dissolution of Marriage Act: “The amount of maintenance under this paragraph (1) shall be calculated by taking 33 1/3% of the payor’s net annual income minus 25% of the payee’s net annual income. The amount calculated as maintenance, however, when added to the net income of the payee, shall not result in the payee receiving an amount that is in excess of 40% of the combined net income of the parties.”

Disqualifying alimony factors in California and New York

So, what exactly “disqualifies” someone from alimony? For starters, saying “disqualified from alimony” isn’t the proper legal way of describing it. People aren’t “disqualified” from alimony, but rather, they are entitled to alimony or not. However, we’ll use the term “disqualified” to make it easier to understand for all those non-lawyers out there. In addition, this is a heavily state-dependent question. What disqualifies someone from alimony in California may not be the case in Illinois. 

California disqualifying alimony factors

We spoke with California divorce attorney Raymond Hekmat to help us understand what factors may lead to a denial of alimony (and, note, alimony is actually called “spousal support” in CA).

• The ability of one spouse to pay: While also taking into account the person paying’s earning capacity, earned and unearned income, assets, and standard of living. If the person who is being asked to pay lacks financial means (taking into consideration the circumstances), then the person asking for alimony may be denied. (Cal. Fam. Code Section § 4320).
• The financial need for the person requesting alimony to be supported: If the person requesting alimony doesn’t actually need any financial support, then a court may disqualify them from receiving it. This question also takes into consideration the person asking for alimony’s ability to get a job and the division of property in the divorce (how much is each spouse getting?). (Cal. Fam. Code Section § 4320).
• Domestic violence: If it is shown that domestic violence took place in the relationship by the person requesting support against the person paying support, then a court will take that into consideration when ordering spousal support from the abused person. (Cal. Fam. Code Section § 4320).
• Death of the alimony payer: If the person who is paying alimony passes away, the alimony does not continue from the estate. (Cal. Fam. Code § 4337).
• Remarriage of the person receiving alimony: If the person receiving alimony remarries, alimony is discontinued from their previous spouse. (Cal. Fam. Code § 4337). If the spouse begins living with another partner, it may be grounds for modification of alimony or termination of it. 
• Other factors: There are other factors that may come into play, but are more situation-specific. For example, the length of a marriage may be a consideration in awarding alimony, and it may be just one factor that is balanced against the other factors. Other factors include the standard of living during the marriage, the age and health of the spouses, tax consequences, balancing hardships, the extent to which one spouse supported the other spouse, and more. (Cal. Fam. Code Section § 4320).  

New York disqualifying alimony factors

Spousal support (also called “spousal maintenance” in New York) aims to prevent either spouse from facing undue financial hardship after a divorce. There’s no hard line for what exactly disqualifies someone from alimony. However, we spoke with New York attorney Nicole DiGiacomo, who explained some key factors that a New York court would consider when awarding alimony or not:

• Income Disparity: NY courts typically compare each spouse’s income to determine alimony amounts. Generally, if spouses’ incomes are within 35% percent of each other, the NYS spousal support calculation nets a $0.
• Length of Marriage: This can influence the duration and amount of support, especially in longer marriages. Shorter marriages tend not to qualify for alimony. 
• Avoiding Public Assistance: The goal is to prevent either spouse from needing government support due to divorce. If not awarding alimony would lead to public assistance for one spouse, then alimony will likely be awarded.
• Domestic Violence: While domestic violence allegations can impact spousal support decisions, the extent of this varies between courts and isn’t a guaranteed outcome.

Frequently Asked Questions (FAQs) about alimony

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

A: These terms are used interchangeably and refer to court-ordered payments from one ex-spouse to the other after separation or divorce. In California, it’s known as spousal support, and in New York, it’s known as spousal maintenance. Every state has its own term for it.

Q: Is alimony automatic for everyone after divorce?

A: Absolutely not! Courts do not just order alimony without looking at your situation. A court considers many factors before awarding alimony, and it’s not guaranteed. State laws, income differences, the length of the marriage, age and health of each spouse, and more all play a role in the decision.

Q: How is alimony calculated?

A: There’s no single answer because it’s different by state. Some have specific formulas, while others give judges wider discretion.

Q: Can domestic violence impact alimony?

A: Yes, but the extent varies depending on what state you are in. Courts may consider domestic violence allegations when determining alimony, but it doesn’t guarantee a specific outcome. State laws and the judge’s interpretation play a significant role.

Q: Does alimony end if the recipient remarries?

A: Typically, yes. Remarriage often terminates alimony obligations from the previous spouse in most states. Cohabitation might also be grounds for modifying or ending alimony payments.

Q: Can we modify alimony in a prenup or postnup? 

A: Yes, generally, in most states, you may modify or waive alimony in a marital agreement such as a prenup or postnup.

The bottom line on navigating alimony: It’s complicated

Alimony laws are complex and vary significantly between states. Whether you might receive alimony, be required to pay it, or neither depends on your location and unique circumstances. Factors like income disparity, marriage length, age, health, and potential domestic violence allegations can all sway the court’s decision. While some states have formulas, others leave more room for interpretation, making the outcome less predictable.

You are writing your life story. Get on the same page with a prenup. For love that lasts a lifetime, preparation is key. Safeguard your shared tomorrows, starting today.

Start your prenup

Julia Rodgers

Julia Rodgers is HelloPrenup’s CEO and Co-Founder. She is a Massachusetts family law attorney and true believer in the value of prenuptial agreements. HelloPrenup was created with the goal of automating the prenup process, making it more collaborative, time efficient and cost effective. Julia believes that a healthy marriage is one in which couples can openly communicate about finances and life goals. You can read more about us here  Questions? Reach out to Julia directly at Hello@Helloprenup.com.

All content provided on this website or blog is for informational purposes only on an “AS-IS” basis without warranty of any kind. HelloPrenup, Inc. (“HelloPrenup”) makes no representations or warranties as to the accuracy or completeness of any information on this website or blog or otherwise. HelloPrenup will not be liable for any errors or omissions in this information nor any use of, reliance on, or availability of the website, blog or this information. These terms and conditions of use are subject to change at any time by HelloPrenup and without notice. HelloPrenup provides a platform for contract related self-help for informational purposes only, subject to these disclaimers. The information provided by HelloPrenup along with the content on our website related to legal matters, financial matters, and mental health matters (“Information”) is provided for your private use and consideration and does not constitute financial, medical, or legal advice. We do not review any information you (or others) provide us for financial, medical, or legal accuracy or sufficiency, draw legal, medical, or financial conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation. If you need financial, medical, or legal advice for a specific problem or issue, you should consult with a licensed attorney, healthcare provider, or financial expert. Neither HelloPrenup nor any information provided by HelloPrenup is a substitute for financial, medical, or legal advice from a qualified attorney, doctor, or financial expert licensed to practice in an appropriate jurisdiction.