Key Takeaways:
- There’s no way to calculate alimony reliably, but estimating a range is possible.
- Different states and judges calculate alimony by subtracting a percentage of the lower-earning spouse’s income from the higher-earning spouse’s income.
- Judges adjust alimony based on several factors, particularly the marriage length, each spouse’s earning capacity and their relative financial need.
If you’re in the process of a divorce or are considering one, alimony may be on your mind. After all, it tends to be one of the first things many people ask about when someone mentions ending their marriage, and every so often, headlines pop up about how much alimony a celebrity needs to pay their former spouse. Yet, for better or worse, alimony has become less common in recent years. In the 1960s, about one in four divorces involved alimony, whereas by 2015, only around one in 10 did.
Whether you’ll owe or receive alimony—and how much—isn’t straightforward. Alimony payments depend on many factors, including the type of alimony, the specifics of the marriage, each spouse’s circumstances and the state you live in. Beyond that, few states offer guidelines for calculating alimony.
That said, this article can help if you’re wondering about alimony. First we explain common factors used to determine alimony and how they may influence payments. Then we explore how to calculate alimony, including how to use an alimony calculator.
What is alimony?
Alimony is a financial obligation between two former spouses. The paying spouse (payor) pays the recipient spouse (payee) a certain amount each month.
Historically, alimony was limited to payments from a former husband to his former wife. Over time, alimony shifted to authorize payments between former spouses regardless of gender. Then, as U.S. society began to regard women and men as equals and more and more women gained financial independence, alimony’s popularity began to decline. As a result, modern laws often limit:
- Who may qualify for alimony
- How long alimony may last
- What percentage of income the payor spouse may be required to pay
Yet, alimony is still available in every state, reflecting the continued understanding that it provides crucial support for some.
Alternative names for alimony
Along with shifts to alimony’s gendered nature, different places began to use one of three terms to describe alimony, including:
- Alimony
- Spousal support
- Spousal maintenance
More often than not, these terms are equivalent. For simplicity’s sake, we use “alimony” throughout this article.
Pro tip:
Some states distinguish between spousal support and spousal maintenance. For example, in New York, spousal support refers to payments before you officially file for divorce, temporary maintenance is during divorce and post-divorce maintenance is after. It’s easy to get confused by the words states use, but the practical effect is the same, regardless of what you call payments from one former spouse to the other.
Types of alimony
States generally authorize the same basic types of alimony:
- Temporary alimony (also called “alimony pendente lite”): Payments during the divorce process
- Rehabilitative alimony: Payments intended to support a former spouse as they work to become self-supporting
- Reimbursement alimony: Payments intended to reimburse a former spouse who sacrificed economically to enable the other to attain career or educational goals
- Permanent alimony: Payments intended to support a former spouse long-term or even for the rest of their life
Notably, in some states, courts address reimbursement through property division rather than alimony.
Factors that affect alimony
Each state uses specific factors to determine whether a spouse is entitled to alimony and for how long. Most states rely on the same handful of factors, including:
- How long the spouses were married
- The division of childcare responsibilities between the spouses
- Child custody and support arrangements
- Each spouse’s age and health
- Whether and how much a spouse contributed to the other’s educational or career development. (This typically becomes relevant if the lower-earning spouse’s contributions enabled the higher-earning spouse to enhance their earning capacity but negatively impacted the contributing spouse.)
Some states also consider the marital standard of living and fault in the divorce.
To calculate the amount of alimony, courts compare the spouses’ relative positions, including considering each spouse’s:
- Earning capacity, including the spouse’s education level, work history and any absences from the workforce
- Separate resources following property division
- Current income, if any
- Ability to meet their basic needs
Regardless of other factors, courts also consider whether the payor earns enough to be able to pay and meet their own basic needs.
How long does alimony last?
How long alimony lasts depends on state law, but the length of time is typically directly or indirectly related to the length of the marriage. In many states, courts order permanent alimony only for long marriages (typically more than 20 years) where one spouse is unable to support themself and unlikely to be able to gain the ability to support themself. Even then, alimony may end if the nonworking spouse moves in with a romantic partner or remarries.
How to calculate alimony
To estimate how much alimony you may qualify for or owe, first identify which state’s laws apply. Generally, that means the state where you live.
Some states use specific formulas to calculate alimony, while others don’t. Even in states with formulas, judges often adjust numbers based on relevant factors. In both cases, judges attempt to determine a fair payment. As a result, the average alimony payment varies significantly, not just from state to state but within states, making an accurate payment difficult, if not impossible, to estimate. Still, you may calculate a rough estimate using the methods below.
Calculate alimony using a formula
With so many variations across state lines, several formulas exist to help calculate alimony. Those formulas primarily use the same factors as the average alimony calculator: each spouse’s income and the length of the marriage.
Below, we explore formulas and alimony calculations for several states. For our example, we consider a divorced couple and refer to the higher-earning spouse as “HES” and the lower-earning spouse as “LES”.
HES’s gross yearly income is $120,000, and LES’s gross yearly income is $30,000. Divided by 12 months, HES’s monthly income is $10,000, and LES’s monthly income is $2,500.
| State/Formula | Step One | Step Two | Step Three | Example Calculation |
| Colorado | Combine spouses’ gross monthly incomes (CGI) | 40% of CGI | Subtract LES’s income from 40% of the CGI | Step one: $10,000 + $2,500 = $12,500Step two: $12,500 x 0.4 = $5,000Step three: $5,000 – $2,500 = $2,500 alimony per month |
| New York (minor children involved) | 30% of HES’s monthly income | 20% of LES’s monthly income | Subtract 20% of LES from 30% of HES | Step one: $10,000 x 0.3 = $3,000Step two: $2,500 x 0.2 = $500Step three: $3,000 – $500 =$2,500 alimony per month |
| New York (minor children not involved) | 25% of HES’s monthly income | 20% of LES’s monthly income | Subtract 20% of LES from 25% of HES | Step one: $10,000 x 0.25 = $2,500Step two: $2,500 x 0.2 = $500Step three: $2,500 – $500 =$2,000 alimony per month |
| Illinois | 33.33% of HES’s monthly income | 25% of LES’s monthly income | Subtract 25% of LES from 33.33% of HES | Step one: $10,000 x 0.3333 = $3,333Step two: $2,500 x 0.25 = $625Step three: $3,333 – $625 =$2,708 alimony per month |
States that use formulas typically provide a percentage that you multiply by the number of years the couple was married to determine how long alimony should last.
For example, in Illinois, you calculate how long alimony lasts within month-based ranges spanning the following:
- Marriage of 5 years: 24% of the length of the marriage (alimony lasts approximately 1.2 years)
- Marriage of 10 years: 44% of the length of the marriage (alimony lasts approximately 4.4 years)
- Marriage of 15 years: 64% of the length of the marriage (alimony lasts approximately 9.6 years)
- Marriage of 20 years or more: equal to the length of the marriage or permanent
Alternatively, the American Academy of Matrimonial Lawyers (AAML) proposes that alimony should last for:
- Marriage of 0 to 3 years: 30% of the length of the marriage (approximately 0.3 to 0.9 of one year)
- Marriage of 3 to 10 years: 50% of the length of the marriage (approximately 1.5 to 5 years)
- Marriage of 10 to 20 years: 75% (approximately 7.5 to 15 years)
If you were married for 20 years or longer, alimony is permanent under this plan.
Some states also set limits on how long alimony may last. For example, Texas limits alimony to
- Marriage less than 10 years: no alimony
- Marriage of 10 to 20 years: up to five years of alimony
- Marriage of 20 to 30 years: up to seven years of alimony
- Marriage of 30+ years: up to 10 years of alimony
Pro tip:
Your state may offer extra tools to help you calculate alimony. For example, Arizona offers a spousal maintenance calculator online.
Adjusting your alimony calculation
After you calculate alimony using a formula specific to your state, consider your state’s alimony factors, especially each spouse’s:
- Highest education level
- General work history
- Reasonable expenses
You may adjust your estimate proportionally to disparities between the spouses. There’s no precise formula for these adjustments, and different states take varying approaches to how judges may adjust alimony.
Pro tip:
Since judges vary in how they calculate alimony, it’s difficult to provide specific advice about making these adjustments. Adjusting the calculated monthly payment up or down approximately 5 to 25 percent may give an estimate. As for what justifies an adjustment up or down, common sense is likely as reliable as anything else. For example, you might adjust the payment up if one spouse makes hundreds of thousands of dollars per year and the other has a GED and no work experience.
Calculate alimony using an alimony calculator
When you use an alimony calculator, you typically input details about each spouse’s gross income and the length of the marriage. Then, using an internal equation, the calculator provides a number, usually using one of the formulas discussed above.
Alimony often depends on many more factors than a comparison of incomes related to the length of the marriage. Therefore, an alimony calculator is likely not accurate but may provide a rough estimate.
Estimating your alimony payments
Although it may be impossible to precisely calculate your potential alimony payments, the formulas detailed above may offer a rough estimate. You may also get similar results from an alimony calculator.
To make that estimate more accurate, consider issues like whether one spouse enabled the other to increase their earning potential and the realistic monthly expenses and earning capacity of each spouse. For assistance calculating a more precise range and discussing the specific laws in your state, consider hiring an experienced family lawyer.
Sources
https://www.reuters.com/article/markets/wealth/how-bread-winning-women-are-driving-alimony-reform-idUSKCN0T61O8; https://www.nysenate.gov/legislation/laws/DOM/236; https://casetext.com/statute/colorado-revised-statutes/title-14-domestic-matters/dissolution-of-marriage-parental-responsibilities/article-10-uniform-dissolution-of-marriage-act/section-14-10-114-spousal-maintenance-advisory-guidelines-legislative-declaration-definitions; https://www.nysenate.gov/legislation/laws/DOM/236; https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm; https://www.aaml.org/wp-content/uploads/MAT105_7.pdf; https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.054; https://www.superiorcourt.maricopa.gov/app/selfsuffcalc/
