Alimony & Divorce FAQ

Alimony is financial support one spouse may pay the other during or after divorce when one spouse has need and the other has ability to pay.

Alimony is calculated differently by state. Some states use formulas or advisory guidelines, while others rely mostly on judicial discretion.

Alimony duration depends on state law, marriage length, support type, and whether the recipient can become self-supporting.

Alimony can often be modified after a substantial change in circumstances, unless the agreement or order limits modification.

For many divorces finalized after 2018, alimony is not federally taxable to the recipient or deductible by the payer.

Yes. A person may receive both alimony and child support, but they serve different legal purposes and are calculated separately.

Courts may consider wages, bonuses, self-employment income, rental income, investment income, and sometimes imputed earning capacity.

Unpaid alimony can lead to enforcement actions such as contempt, wage withholding, liens, judgments, or other remedies.

In many states, recipient remarriage can end or affect alimony, but the result depends on the order, agreement, and state law.

Retirement may support a modification request if it changes income or need, but it does not always automatically end alimony.

Alimony can often be waived in a valid agreement, but enforceability depends on state law, disclosure, fairness, and the agreement wording.

Rehabilitative alimony is support intended to help a spouse become self-supporting through work, education, training, or transition time.

Permanent alimony generally means long-term or indefinite support, but many states limit, rename, or rarely award it.

A judge usually weighs statutory factors such as need, ability to pay, marriage length, earning capacity, health, age, and property division.

Yes. States vary in formulas, eligibility, duration rules, caps, terminology, and judicial discretion.

Bankruptcy generally does not eliminate domestic support obligations such as alimony or child support.

A lump sum can create certainty, but monthly payments may preserve flexibility. The better choice depends on risk, taxes, cash flow, and settlement terms.

A spouse may qualify for alimony if they need financial support and the other spouse has the ability to pay. Courts often review income, earning capacity, marriage length, health, and the standard of living during marriage.