Alimony Calculator

Alimony (spousal support/maintenance) is money paid from one ex-spouse to another after divorce to help the lower-earning spouse maintain a reasonable standard of living. Qualification factors: (1) Significant income disparity between spouses, (2) Length of marriage (typically 5+ years), (3) Recipient inability to be self-sufficient, (4) Payor ability to pay. Not automatic - must be requested during divorce proceedings.

Courts consider multiple factors: (1) Income and earning capacity of both spouses, (2) Length of marriage, (3) Age and health of both parties, (4) Standard of living during marriage, (5) Contributions to marriage (including homemaking), (6) Time needed for recipient to become self-sufficient, (7) Child custody arrangements. Some states use formulas (e.g., 40% payor income - 50% payee income), others have judicial discretion.

(1) Temporary - During divorce proceedings only, (2) Rehabilitative - Short-term (2-5 years) until recipient gains job skills/education, (3) Permanent - Long marriages (15+ years), lasts until death, remarriage, or court modification, (4) Lump Sum - One-time payment instead of monthly, (5) Reimbursement - Repays spouse who supported the other through school/training. Most modern alimony is rehabilitative, not permanent.

Duration varies by state and marriage length: Short marriages (<5 years): rarely awarded or very short-term. Moderate marriages (5-15 years): typically 1/3 to 1/2 length of marriage. Long marriages (15+ years): may be permanent/indefinite. Alimony generally ends upon: recipient remarriage, either party death, cohabitation by recipient (some states), retirement of payor (at retirement age), or court modification.

MAJOR CHANGE in 2019: For divorce agreements executed AFTER December 31, 2018, alimony is NO LONGER tax deductible for payor and NO LONGER taxable income for recipient. For divorces finalized BEFORE January 1, 2019, the old rule still applies (deductible for payor, taxable for recipient). This significantly changes the economics of alimony negotiations - payors now pay with after-tax dollars.

Yes, but requires court petition showing substantial change in circumstances: (1) Significant income change for either party (job loss, promotion, disability), (2) Remarriage of recipient (usually terminates alimony), (3) Cohabitation of recipient with new partner (may reduce/terminate), (4) Retirement of payor (if at appropriate retirement age), (5) Recipient becomes self-sufficient earlier than expected. Must go through court - do not just stop paying or risk contempt charges.

Consequences similar to child support non-payment: (1) Contempt of court charges (fines, jail time), (2) Wage garnishment, (3) Tax refund intercept, (4) Property liens, (5) Credit reporting, (6) Interest and penalties. Unlike child support, alimony debt CAN sometimes be discharged in bankruptcy (depending on circumstances and state). Never just stop paying - petition court for modification if circumstances change.

For payor: New relationship/remarriage generally does NOT reduce alimony obligation. However, new spouse income may be considered if payor seeks modification claiming financial hardship. For payee/recipient: Remarriage almost always terminates alimony. Cohabitation (living with new partner without marriage) may reduce or terminate alimony in many states, especially if financial support is provided by new partner.

Child support is calculated first and has priority over alimony. Alimony is then based on remaining income after child support obligations. Courts ensure payor has sufficient income to meet basic needs after both payments. In high-income divorces, both may be substantial. Important: child support is NOT tax deductible but alimony (for pre-2019 divorces) was deductible, so this affects negotiation strategies.

Yes! Spouses can negotiate alimony terms in a separation/settlement agreement, and courts usually approve if fair and both parties have legal representation. Negotiated terms can include: specific duration, amount, cost-of-living adjustments, conditions for termination, modification restrictions, etc. This gives more control and can save legal fees. However, both parties should have independent attorneys review any agreement.