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Alimony and spousal support, explained

Updated August 26, 2026 · General information, not legal advice

Alimony — most states now say "spousal support" or "maintenance" — is money one spouse pays the other during or after a divorce. Unlike child support, there's usually no fixed formula: it's the most discretionary number in family law, which is why outcomes vary so much and why written agreements matter.

The common types

Names differ by state, but most support falls into a few shapes:

  • Temporary (pendente lite): keeps the household afloat while the case is pending; it ends at the decree.
  • Rehabilitative: support for a defined period so the receiving spouse can finish a degree, retrain, or re-enter the workforce.
  • Durational: support for a set number of years, common after mid-length marriages.
  • Permanent or indefinite: increasingly rare, and generally reserved for long marriages or a spouse who realistically can't become self-supporting.

What courts weigh

The usual factors: the length of the marriage, each spouse's income and earning capacity, age and health, the standard of living during the marriage, contributions as a homemaker or to the other spouse's career, and how the property was divided. Short marriages between two working spouses often produce no support at all; long marriages with a big earning gap usually produce something.

The tax rule people miss

For divorce agreements signed after 2018, federal law changed: the paying spouse can't deduct alimony, and the receiving spouse doesn't report it as taxable income. Older agreements keep the old treatment unless they're modified with the new rules expressly adopted. State income-tax treatment can differ from federal — check your state's rules or ask a tax preparer before you settle on a number.

Waiving, reserving, and changing it later

If you both agree on no support, your agreement can waive it — usually permanently, so treat a waiver as forever. A middle path exists in many states: reserving the issue, which sets support at zero today but keeps the court's door open for a defined window if circumstances change. Which one fits depends on how stable both incomes really are.

Unless your agreement makes support non-modifiable, most orders can be changed later on a substantial change in circumstances — job loss, disability, retirement — and support generally ends if the receiving spouse remarries. The order's own words control, so read them before assuming. Support is one of the most negotiable pieces of a settlement — and one of the most worth an attorney consultation when the numbers are large or the marriage was long.

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This is general legal information for self-help, not legal advice. Laws vary by state and change over time. If your situation is complex or unclear, talk to a licensed attorney.