Question 1

How is alimony calculated?

Accepted Answer

Alimony calculation depends on the state. A few states — like Illinois and New York — use a statutory formula based on each spouse's income. Most states give judges broad discretion and weigh factors like the length of the marriage, each spouse's earning capacity, the marital standard of living, and contributions to the family. In discretion states, the income gap between spouses and the marriage length are the two biggest practical drivers of both the amount and how long support lasts.

Question 2

How long does alimony last?

Accepted Answer

Duration depends on state and marriage length. Illinois uses a statutory multiplier tied to years married (e.g., a 10-year marriage produces a guideline of 4 years). New York uses an Advisory Schedule ranging from 15–50% of marriage length. Most other states set duration at judicial discretion, with longer marriages generally producing longer — sometimes indefinite — support. Florida caps durational alimony at 50% of the marriage length for marriages under 20 years.

Question 3

What is the difference between alimony and spousal support?

Accepted Answer

Alimony and spousal support mean the same thing — payments one spouse makes to the other after separation or divorce to help maintain their standard of living. Different states use different terms: Illinois, New York, Ohio, and Virginia call it 'spousal support' or 'maintenance.' Arizona calls it 'spousal maintenance.' California calls it 'spousal support.' Texas and Florida often use 'alimony' or 'spousal maintenance.' The calculation method varies by state regardless of the name.

Question 4

Does every state use the same alimony formula?

Accepted Answer

No. Only a handful of states use a statutory formula. Illinois uses 33.3% of the payor's net income minus 25% of the payee's net income. New York uses 30% of the payor's income minus 20% of the payee's income (with a $241,000 income cap as of 2026). Virginia has a formula for temporary support during the divorce but not for permanent support. Most states — including California, Florida, Ohio, Pennsylvania, and Georgia — leave both amount and duration to judicial discretion.

Question 5

Can a prenup eliminate alimony?

Accepted Answer

Yes, in most states a valid prenuptial agreement can waive or limit alimony. Courts will generally enforce a prenup's alimony waiver as long as both parties had independent legal counsel, the agreement was signed voluntarily, and full financial disclosure was made. Some states will not enforce a prenup that leaves one spouse on public assistance. Read our guide to what a prenup covers for more detail.

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How alimony is calculated by state

State-by-state alimony guides