Spousal Support · All Alimony Types · Duration Estimate

Alimony Calculator

Estimate monthly spousal support (alimony) payments based on both spouses' incomes, length of marriage, and other key factors. See temporary, rehabilitative, and permanent alimony estimates with duration guidelines.

Last updated · 2026 New York maintenance cap and state alimony rules checked against state statutes and IRS Topic 452

Spousal Support Estimate
Duration by Marriage Length
All Alimony Types
Tax Implications 2026
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Alimony Calculator
Spousal support estimate · 2026
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Enter both spouses' incomes and marriage details to estimate spousal support.

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How Alimony Is Determined

There is no national alimony formula. Massachusetts caps general term alimony at 30% to 35% of the gap between the spouses' gross incomes, and many estimates elsewhere use a similar share, paid for a fraction of the length of the marriage. New York and Illinois use written formulas instead. Enter both incomes, the marriage length and your state above for an estimate.

Alimony (also called spousal support or maintenance) is financial support paid by one spouse to the other after separation or divorce. Unlike child support, there is no universal formula: courts have broad discretion and consider many factors. The most important are: the income disparity between spouses, the length of the marriage, the standard of living during the marriage, each spouse's earning capacity, and whether one spouse left the workforce to support the family.

The most widely used estimation approach is a percentage of the income gap between spouses: typically 30-40% of the difference between the higher and lower earner's gross incomes, with adjustments for marriage length, situation, and state-specific factors. Duration is typically half the length of the marriage for marriages under 10 years, and potentially indefinite for long marriages (20+ years).

Types of Alimony

Temporary (pendente lite): during divorce proceedings. Rehabilitative: short-term, supports lower earner while gaining skills/education to become self-sufficient. Reimbursement: compensates a spouse who supported the other through education/career advancement. Permanent: ongoing support, usually for long marriages or when self-sufficiency is impossible. Lump-sum: one-time payment instead of periodic payments.

Factors Courts Consider

Length of marriage (most important), income and earning capacity of each spouse, standard of living during marriage, contributions to the marriage (including homemaking/childcare), age and health of each spouse, whether one spouse left the workforce, educational level and work history, time needed to become self-supporting, fault (in fault-divorce states).

Tax Treatment (Post-2019)

Under the Tax Cuts and Jobs Act (TCJA), for divorce agreements finalized after December 31, 2018: alimony is NOT deductible by the payor and NOT taxable income to the recipient. Agreements from 2018 or earlier retain the old treatment (deductible/taxable) unless modified. This is a significant change that affects negotiating strategy and net cost to both parties.

State Variations

California: no fixed formula, "need and ability to pay." New York: 30% of payor income (up to $241,000) minus 20% of recipient income, with the recipient capped at 40% of combined income. Illinois: 33.3% of payor net income minus 25% of recipient net income, with a 40% cap. Massachusetts: various factors with durational guidelines. Texas: usually needs 10+ years of marriage, capped at the lesser of $5,000 or 20% of gross monthly income, for at most 5, 7 or 10 years. Florida: reformed in 2023, no more permanent alimony, durational limits by marriage length.

State Alimony Rules at a Glance

StateAmountHow long
New York30% of payor income (up to $241,000) minus 20% of recipient income; 20% minus 25% if child support is also paid; recipient capped at 40% of combined incomeAdvisory: 15% to 30% of marriage length up to 15 years, 30% to 40% for 15 to 20 years, 35% to 50% over 20 years
Illinois33.3% of payor net income minus 25% of recipient net income, capped at 40% of combined net income (combined gross under $500,000)Marriage length times 0.20 (under 5 years) up to 0.80 (19 to 20 years); 20+ years can be indefinite
TexasAt most the lesser of $5,000 a month or 20% of the payor's average monthly gross incomeUsually needs 10+ years of marriage; at most 5, 7 or 10 years
FloridaAt most the lesser of reasonable need or 35% of the gap in net incomesNo permanent alimony since July 2023; up to 50%, 60% or 75% of marriage length
MassachusettsGenerally no more than need or 30% to 35% of the gross income gap50% to 80% of marriage length up to 20 years; can be indefinite after 20
CaliforniaNo statewide formula for final support; judges weigh need and ability to payOften about half the marriage length for marriages under 10 years

Worked Example: $120,000 and $40,000 After 12 Years

The higher earner makes $120,000 a year, the lower earner $40,000, and they were married 12 years. The gap is $80,000. Formula results, before any judge's adjustments:

ApproachMonthly supportDuration
35% of the gap (general estimate)$2,333About 6 years
New York, no children$2,000 (40% cap applies)1.8 to 3.6 years
New York, with children$1,1671.8 to 3.6 years
Illinois (if these were net incomes)$2,000 (40% cap applies)6.2 years
TexasUp to $2,000Up to 5 years
Massachusetts$2,000 to $2,333Up to 8.4 years

In New York the uncapped formula gives $28,000 a year, but the recipient would then have $68,000, more than 40% of the couple's $160,000. The award is cut to $24,000, or $2,000 a month.

Alimony and Federal Taxes

For divorce and separation agreements executed after 31 December 2018, alimony is not deductible for the payer and not taxable income for the recipient. Agreements executed before 2019 keep the old treatment, deductible for the payer and taxable to the recipient, unless they are later modified and the modification expressly adopts the new rules.

The change moves real money. Under the old rules a payer in the 24% bracket who paid $24,000 a year saved $5,760 in federal income tax. Under current rules that deduction is gone, which is one reason post-2018 settlements often come in lower than older ones for the same incomes. Child support has never been deductible or taxable under either set of rules.

Method and sources. New York: Domestic Relations Law section 236(B)(6) and the advisory duration schedule; income cap $241,000 from 1 March 2026 (NY Courts). Illinois: 750 ILCS 5/504(b-1). Texas: Family Code sections 8.051, 8.054 and 8.055. Florida: section 61.08, Florida Statutes, as amended by SB 1416 (2023). Massachusetts: General Laws chapter 208, sections 49 and 53. Taxes: Tax Cuts and Jobs Act section 11051, IRS Topic 452 and Publication 504. The general estimate uses 35% of the gross income gap and the calculator's own adjustments; it is not legal advice.
This calculator provides estimates for informational purposes only. Alimony is highly discretionary and varies enormously by state, judge, and specific circumstances. This is not legal advice. Always consult a licensed family law attorney in your state.

Frequently Asked Questions

Unlike child support, alimony has no universal federal formula. Most states leave it to judicial discretion guided by statutory factors. A commonly used rule-of-thumb is 30-40% of the income gap between spouses (the higher earner's income minus the lower earner's income), adjusted for marriage length and other factors. A few states have adopted formulas: New York uses 30% of payor's income minus 20% of recipient's income, reduced if the recipient would end up with more than 40% of combined income. Illinois uses 33.3% of the payor's net income minus 25% of the recipient's, with a similar 40% cap. California has no formula. Courts can deviate from any guideline amount based on specific circumstances.

Duration depends heavily on marriage length. General guidelines: marriages under 5 years: 1-2 years (rehabilitative only). 5-10 years: 25-50% of marriage duration. 10-20 years: 50% of marriage duration is common. Over 20 years: potentially indefinite or until retirement. Courts consider whether the recipient can become self-supporting and how long that will take. Permanent alimony is becoming rarer as many states have reformed their laws. Florida eliminated permanent alimony in 2023. Most modern alimony awards are rehabilitative with specific end dates.

For divorces finalized on or after January 1, 2019 (under the Tax Cuts and Jobs Act): alimony is NOT deductible by the payor and NOT taxable income to the recipient. Neither spouse reports it on their federal return. For divorces finalized before 2019: the old rules still apply (deductible by payor, taxable to recipient) UNLESS the agreement is modified after 2018 and the modification specifically states it's subject to the new rules. This change significantly affects the economics of alimony: it costs the payor more in after-tax dollars and benefits the recipient more than under the old deductible/taxable structure.

Yes, in most cases. Modification: either party can request modification if there is a substantial change in circumstances, significant income change (job loss, promotion, retirement), change in needs, cohabitation by recipient, or other major life events. Automatic termination events: in most states, alimony automatically terminates upon the recipient's remarriage and the death of either party. Cohabitation: many states terminate or reduce alimony if the recipient cohabitates with a new partner in a "marriage-like relationship," even without remarriage. Lump-sum alimony generally cannot be modified once agreed. Court orders can make alimony non-modifiable by agreement.

It depends on the state. Fault-divorce states (where fault is recognized): evidence of adultery, abuse, abandonment, or other marital fault may increase or decrease alimony. In some states (like Virginia), adultery can bar alimony entirely for the at-fault spouse. No-fault states: fault is generally not considered in calculating alimony, though some states still allow it as a factor even in no-fault filings. California and many other states are purely no-fault and don't consider misconduct. Always check your specific state's laws: this is an area of significant state-by-state variation.

Rehabilitative alimony is the most common type today. It's time-limited support designed to help the lower-earning spouse become financially self-sufficient: by completing education, gaining job skills, re-entering the workforce, or building a career interrupted by the marriage. The recipient must typically present a rehabilitation plan (what steps they'll take and how long it will take). Courts set a specific end date. Example: a spouse who left the workforce to raise children might receive 3-5 years of support while completing a degree and establishing a career. It can be extended if rehabilitation takes longer than anticipated.

Short marriages (generally under 3-5 years) rarely result in alimony unless there are compelling circumstances like a disabled spouse, pregnancy, or extreme income disparity. For marriages under 5 years, courts typically award: no alimony (most common), temporary alimony only (during divorce proceedings), or very short rehabilitative alimony (6-18 months). The key question is whether one spouse made significant sacrifices (left career, relocated) specifically because of the marriage. The shorter the marriage, the harder it is to establish entitlement to support. Prenuptial agreements for short marriages often address this explicitly.

The terms are legally interchangeable. Different states use different terminology: Alimony: older term, used in many states including New York, Florida, New Jersey. Spousal support: used in California, Washington, and many other states. Maintenance: used in Illinois, Minnesota, New York (also), Colorado. Spousal maintenance: used in Arizona, Texas. All refer to the same concept: financial payments from the higher-earning spouse to the lower-earning spouse after separation or divorce. The different terms carry no legal distinction in meaning or calculation.

Yes, significantly. A valid prenuptial (or postnuptial) agreement can: waive alimony entirely for both parties, set a fixed amount or formula for alimony, cap the duration of alimony, establish conditions under which alimony is or isn't paid. Courts generally enforce prenups that clearly address spousal support, as long as: the agreement was entered voluntarily, both parties had independent legal advice (recommended), full financial disclosure was made, the agreement wasn't unconscionable at the time of signing or at enforcement. Some states limit the ability to waive alimony entirely if it would leave a spouse dependent on public assistance.

Failure to pay court-ordered alimony (spousal support arrears) can result in: contempt of court proceedings, wage garnishment, seizure of tax refunds, bank account levies, liens on property, suspension of professional licenses, jail time in egregious cases. Unlike child support, there is no federal enforcement agency for alimony: enforcement is entirely through state courts. Like child support, alimony owed to a spouse or former spouse is a "domestic support obligation" under the Bankruptcy Code and cannot be discharged in bankruptcy. Enforcement effectiveness varies significantly by state and jurisdiction.

New York uses a formula on the payor's income up to $241,000 (the cap from 1 March 2026). With no child support involved, maintenance is 30% of the payor's income minus 20% of the recipient's. When child support is also paid, it is 20% minus 25%. Either way, the award is cut if the recipient's income plus maintenance would exceed 40% of the couple's combined income. Judges can add to the amount for income above the cap.

Yes. They are separate obligations and are often ordered together. In most states the court works out spousal support first and then calculates child support on incomes adjusted for it. In New York, the alimony formula itself switches to lower percentages (20% minus 25%) when child support is also being paid, so the total does not double count the same income.