Your rights
What is alimony, and how does spousal support work?
Key points
- Two stages
- Temporary support can be ordered while the divorce case is open. Long-term support, after the divorce, is set in the final judgment.
- State law
- Each state sets its own types, factors and limits. Texas caps court-ordered maintenance at $5,000 a month or 20% of average monthly gross income, whichever is less.
- Ending
- In the four states below, support generally ends when either spouse dies or the spouse receiving it remarries.
- Taxes
- Under federal law, alimony paid under a divorce or separation agreement made after 2018 is not deductible for the payer and not income for the recipient.
Alimony, also called spousal support or maintenance, is money one spouse pays the other to help with living expenses during or after a divorce. California's courts describe it as a court-ordered payment to help cover the other spouse's monthly expenses. There is no single national rule: each state decides who can get it, how much and for how long, and many divorces end with no alimony at all.
Below: temporary and long-term support, how judges decide, how long it lasts, changing or ending an order, what happens if it isn't paid, federal and California taxes, a side-by-side comparison of California, Texas, Florida and New York, and when to get a lawyer, each with its official sources.
Temporary and long-term alimony: the types
California, Texas, Florida and New York all separate support while the divorce case is open from support after it ends. California's courts describe two types:
- Temporary spousal support. Payments from one spouse to the other while the case is going on. A spouse can ask for it as soon as the case is filed. In California a judge can order spousal support in a divorce, legal separation or domestic violence restraining order case.California Courts · Cal. Fam. Code § 3600
- Long-term spousal support. Support ordered at the end of the case, for example in the judgment, also called permanent support. It is usually a monthly payment and can last for many years.California Courts
- Texas. While a divorce is pending, the court can order payments for the support of either spouse. After the divorce, court-ordered support is called spousal maintenance, and the law treats contractual alimony, which spouses agree to themselves, separately.Tex. Fam. Code §§ 6.502(a)(2), 8.001, 8.101(b)
- New York. The law uses the word maintenance: temporary maintenance while the case is pending, which ends no later than the divorce judgment, and post-divorce maintenance after it.N.Y. Dom. Rel. Law § 236(B)
Florida's statute lists four forms of alimony, and a judge may combine them. Permanent alimony is not one of them:
- Temporary: a spouse can claim alimony in the divorce petition or by motion while the case goes on.
- Bridge-the-gap: for legitimate, identifiable short-term needs in the move from married to single life. It can last 2 years at most and can't be changed.
- Rehabilitative: to help a spouse become self-supporting by redeveloping skills or getting education, training or work experience, under a specific written plan. It can last 5 years at most.
- Durational: economic help for a set period. It can't be awarded after a marriage of less than 3 years.
How courts decide alimony: need, ability to pay and the state's factors
Judges often start from two questions: how much the spouse asking for support needs, and whether the other spouse can pay. California's courts say temporary support is based on the needs of the spouse with less money and the ability to pay of the spouse with more. In Florida, the court must first decide whether there is an actual need and an ability to pay, and the spouse asking has to prove both.
Each state's law then lists the factors a judge weighs. For long-term support in California, the judge must consider the Family Code 4320 factors, including:
- How long you were married, and your ages and health.
- Each spouse's income and earning capacity: skills, education and the job market for those skills.
- The standard of living during the marriage.
- Each spouse's property and debts.
- Whether one spouse helped the other get an education, training, a career or a license.
- Need and ability to pay, and the tax consequences.
- Any history of domestic violence.
- If you have children together, how caring for them affected either spouse's career.
- Texas: eligibility comes first. A court can order maintenance only if the spouse asking will lack enough property, including separate property, to meet minimum reasonable needs, and one of these applies: the other spouse was convicted of, or received deferred adjudication for, family violence against the spouse or the spouse's child within 2 years before filing or during the case; a disability keeps the spouse from earning enough; the marriage lasted 10 years or more and the spouse can't earn enough; or the spouse cares for a child of the marriage whose disability keeps the spouse from earning enough.Tex. Fam. Code § 8.051
- Texas: diligence matters. On the 10-year ground, the law presumes maintenance is not warranted unless the spouse asking has made diligent efforts to earn enough, or to develop the skills to do so, while separated and during the case. The judge then weighs factors such as education and job skills, the length of the marriage, contributions as a homemaker, and marital misconduct, including adultery and cruel treatment.Tex. Fam. Code §§ 8.052, 8.053
- Florida. The factors include the length of the marriage, the standard of living, each spouse's age and health, resources and income, earning capacity and education, contributions to the marriage such as homemaking and child care, and responsibilities for minor children. The judge may consider adultery and its economic impact. Alimony may not leave the payer with significantly less net income than the recipient without written findings of exceptional circumstances.Fla. Stat. § 61.08(1), (3), (9)
- New York. The law sets a formula. The court orders the guideline amount, on the payer's income up to an income cap, unless it finds that amount unjust or inappropriate after weighing factors such as the spouses' age and health, their earning capacity, the need for education or training, and the standard of living during the marriage.N.Y. Dom. Rel. Law § 236(B)(5-a), (6)
How long does alimony last?
It depends on the state and, in all four states below, on how long the marriage lasted:
- California. The goal is for the supported spouse to become self-supporting within a reasonable time. For a marriage of less than 10 years, that generally means half the length of the marriage. A marriage of 10 years or more, counted to the date of separation, is presumed to be of long duration: there is no set length, and the court keeps the power to order support indefinitely unless the spouses agree otherwise in writing or a court ends it.Cal. Fam. Code §§ 4320(l), 4336 · California Courts
- Texas. A court may not order maintenance for more than 5 years if the marriage lasted less than 10 years and eligibility rests on family violence, or lasted 10 to 20 years; 7 years for 20 to 30 years; and 10 years for 30 years or more. It must be the shortest reasonable period, but maintenance based on a disability, or on caring for a child with a disability, can last as long as the spouse still qualifies.Tex. Fam. Code § 8.054
- Florida. Bridge-the-gap alimony lasts up to 2 years and rehabilitative alimony up to 5 years. Durational alimony may not exceed 50% of the length of a short-term marriage (under 10 years), 60% of a moderate-term marriage (10 to 20 years) or 75% of a long-term marriage (20 years or more), unless the court finds exceptional circumstances by clear and convincing evidence. The marriage is measured from the wedding to the filing of the divorce.Fla. Stat. § 61.08(5)-(8)
- New York. For post-divorce maintenance, the court may use an advisory schedule: 15% to 30% of the length of the marriage for marriages up to 15 years, 30% to 40% for more than 15 and up to 20 years, and 35% to 50% for more than 20 years.N.Y. Dom. Rel. Law § 236(B)(6)
Changing or ending alimony
An alimony order can usually be changed when circumstances change significantly, but generally only from the date you ask. Some events end it altogether.
- Death or remarriage. In California, unless the spouses agreed otherwise in writing, support ends when either spouse dies or the supported spouse remarries. Texas maintenance, Florida bridge-the-gap and durational alimony, and New York post-divorce maintenance end the same way.Cal. Fam. Code § 4337 · Tex. Fam. Code § 8.056(a) · Fla. Stat. § 61.08(6), (8) · N.Y. Dom. Rel. Law § 236(B)
- Living with a new partner. In Texas, the court must end maintenance if the receiving spouse lives with a dating or romantic partner in a permanent home on a continuing basis. In Florida, the court must reduce or end alimony on written findings that the receiving spouse has a supportive relationship with someone who isn't a relative.Tex. Fam. Code § 8.056(b) · Fla. Stat. § 61.14(1)(b)
- A real change in circumstances. California requires a significant change since the last order, Texas a material and substantial change, and New York, for an order made after a trial, a substantial change in circumstances or the receiving spouse's inability to be self-supporting. In Florida, either spouse can ask when circumstances or financial ability change.California Courts · Tex. Fam. Code § 8.057(c) · N.Y. Dom. Rel. Law § 236(B)(9) · Fla. Stat. § 61.14(1)(a)
- Retirement (Florida). A court may reduce or end alimony when the payer has reached normal retirement age, as defined by Social Security, or the customary age in their profession, and has retired or taken measurable steps to retire. The payer can file up to 6 months before retiring.Fla. Stat. § 61.14(1)(c)
- California: file a Request for Order (form FL-300) with an Income and Expense Declaration (form FL-150) and proof of income, such as pay stubs from the past 2 months. The filing fee is $60 unless you have a fee waiver. If you both agree, you can write up an agreement for a judge to sign.
- Texas: a change applies only to payments due after the motion to modify is filed, and a court can't raise maintenance above the amount or remaining length of the original order. Losing a job or becoming disabled after the divorce is not a ground to start maintenance.
- Florida: bridge-the-gap alimony can't be changed in amount or length, and the length of durational alimony can be changed only in exceptional circumstances. A court can make a change apply back to the date the request was filed.
- New York: the court can't reduce or cancel maintenance arrears that have been reduced to a final judgment.
What happens if alimony isn't paid
In California, support is usually taken straight from the paycheck: a judge who orders spousal support usually also signs an earnings assignment order, which tells the employer to take the payments out of pay. Once the employer receives it, it has 10 days to take the money from the next paycheck. If there is also a child support assignment, the employer takes child support out first.
When payments stop, the spouse who is owed support can go back to court:
- California. Unpaid support collects 10% interest a year. You can ask a judge to set the amount owed and order an extra monthly payment toward it. If you also receive child support, the local child support agency can help collect spousal support too, and its services are free.California Courts
- Texas. The court can enforce a maintenance order by contempt, enter a judgment for the amount overdue, and order income withholding. A payer who lacked the ability to pay, had no property to sell or borrow against, and tried but failed to borrow the money has a defense to contempt.Tex. Fam. Code §§ 8.059, 8.101
- Florida. Wages and other money owed to the payer can be garnished to enforce alimony. At a contempt hearing, the original order creates a presumption that the payer is able to pay, and the payer must prove otherwise.Fla. Stat. §§ 61.12(1), 61.14(5)(a)
- New York. Orders and judgments in divorce cases can be enforced against the payer's income under sections 5241 and 5242 of the Civil Practice Law and Rules.N.Y. Dom. Rel. Law § 236(B)(9)(a)
Is alimony taxable?
For federal income tax, it depends on when your divorce or separation agreement was made. The IRS explains:
- Agreements made after 2018. The payer can't deduct alimony, and the recipient doesn't include it in income. The same applies to an older agreement that is later changed, if the change expressly says the new rule applies.IRS Topic No. 452
- Agreements made before 2019. Generally, the payer deducts alimony and the recipient reports it as income.IRS Topic No. 452
- Child support is different. Child support is never deductible and isn't income. If the payer pays less than the total owed for alimony and child support, the payments count as child support first.IRS Topic No. 452
- What counts as alimony. Among other requirements, the payment must be in cash, including checks or money orders, made under a divorce or separation instrument, the spouses can't file a joint return with each other, and there can be no duty to keep paying after the recipient dies.IRS Topic No. 452
Alimony in California, Texas, Florida and New York
| State | What it is called | How the amount is set | How long it can last |
|---|---|---|---|
| California | Spousal support: temporary while the case is open, long-term (permanent) after it. California Courts | Temporary: most courts use a formula, commonly 40% of the higher earner's net monthly income minus 50% of the lower earner's. Long-term: no formula; the judge weighs the Family Code 4320 factors. California Courts | Generally half the length of a marriage under 10 years; no set length for longer marriages. Fam. Code §§ 4320(l), 4336 |
| Texas | Spousal maintenance ordered by a court; contractual alimony if spouses agree. Fam. Code §§ 8.001, 8.101 | Only if an eligibility ground is met; no more than $5,000 a month or 20% of average monthly gross income, whichever is less. Fam. Code §§ 8.051, 8.055 | At most 5, 7 or 10 years, depending on the length of the marriage, except for disability. Fam. Code § 8.054 |
| Florida | Alimony: temporary, bridge-the-gap, rehabilitative or durational. Fla. Stat. § 61.08 | Need and ability to pay first. Durational alimony: reasonable need or 35% of the difference between net incomes, whichever is less. Fla. Stat. § 61.08(2), (8)(c) | Bridge-the-gap 2 years, rehabilitative 5 years, durational up to 50%, 60% or 75% of the marriage. Fla. Stat. § 61.08 |
| New York | Maintenance: temporary and post-divorce. Dom. Rel. Law § 236(B) | A statutory formula on income up to a cap adjusted every 2 years; for example, with child support also paid, 20% of the payer's income minus 25% of the payee's, compared with a second calculation, and the lower amount applies. Dom. Rel. Law § 236(B)(5-a) | Advisory schedule: 15-30%, 30-40% or 35-50% of the length of the marriage. Dom. Rel. Law § 236(B)(6) |
These are starting points: in each state the judge weighs the particular family's situation, and spouses can agree on support themselves. Other states have their own rules: start with your state court's self-help website.
Do I need an alimony lawyer?
Not always. Spouses can agree on support, and a judge can order any amount they agree on. But California's courts call spousal support a difficult legal issue: a lawyer, or the court's family law facilitator or self-help center, can help you calculate support, figure out how long it may last and how it may affect your taxes, and prepare court forms. The Texas State Law Library says that if you need a temporary order, it is always best to speak with an attorney.
Talk to an alimony lawyer or a legal aid office if the marriage was long, one spouse earns much more than the other, there is family violence, the other spouse has a lawyer, or you are asked to sign a support agreement. You don't have to hire a lawyer for the whole case: California's courts note that you can hire a limited-scope attorney just to advise you about long-term support.
Common questions
What is alimony?
Alimony, also called spousal support or maintenance, is money one spouse pays the other to help with living expenses during or after a divorce. It can be temporary, while the case is open, or long-term, after the divorce. Each state decides who can get it, how much and for how long, and many divorces end without any.
How long does alimony last?
It depends on the state. In California, for a marriage of less than 10 years, support generally lasts half the length of the marriage. Texas limits maintenance to 5, 7 or 10 years depending on the length of the marriage, except for disability. Florida caps durational alimony at 50%, 60% or 75% of the marriage's length. In the four states covered here, it generally ends if either spouse dies or the receiving spouse remarries.
Is alimony taxable?
Under federal law, not if it is paid under a divorce or separation agreement made after 2018: the payer can't deduct it and the recipient doesn't report it as income. Under agreements made before 2019, the payer generally deducts it and the recipient reports it. State rules can differ; California changed its own rule for orders made on or after January 1, 2026.
How is alimony calculated? Is there a calculator?
It depends on the state. California's courts say most judges use a formula for temporary support, commonly 40% of the higher earner's net monthly income minus 50% of the lower earner's, and your court's family law facilitator or self-help center may be able to help with the calculation; long-term support has no formula. New York has a formula in its statute, and Texas and Florida set caps. A calculator gives an estimate, not an order.
How does alimony work in Texas?
Texas calls court-ordered support spousal maintenance. A spouse qualifies only if they will lack enough property for minimum reasonable needs and meet a ground such as a disability, a marriage of 10 years or more without the ability to earn enough, or family violence by the other spouse. Payments are capped at $5,000 a month or 20% of average monthly gross income, whichever is less, and usually last no more than 5, 7 or 10 years.
Do I need a lawyer for alimony?
Not always: spouses can agree on support, and court self-help centers can help with forms and calculations. California's courts call it a difficult legal issue, so talk to a lawyer or legal aid if the marriage was long, incomes are very different, there is family violence, or you are asked to sign an agreement. See Find a lawyer or free legal aid.
Official sources
- California Courts Self-Help Guide: Spousal support (temporary and long-term, where to get help) courts.ca.gov
- California Courts Self-Help Guide: Temporary spousal support (needs, ability to pay, the common formula) courts.ca.gov
- California Courts Self-Help Guide: Long-term spousal support (length, ending, the Family Code 4320 factors) courts.ca.gov
- California Courts Self-Help Guide: Ask to change your long-term spousal support order (forms FL-300, FL-150) courts.ca.gov
- California Courts Self-Help Guide: How to collect spousal support (earnings assignment, interest, the child support agency) courts.ca.gov
- California Courts Self-Help Guide: Taxes and spousal support (California's 2026 change and federal rules) courts.ca.gov
- California Family Code § 4320: circumstances the court considers in ordering spousal support leginfo.legislature.ca.gov
- California Family Code § 4336: marriages of long duration (10 years or more) leginfo.legislature.ca.gov
- California Family Code § 4337: support ends on death or remarriage unless agreed in writing leginfo.legislature.ca.gov
- California Family Code § 3600: temporary support while the case is pending leginfo.legislature.ca.gov
- Texas State Law Library: Filing for divorce (temporary orders for spousal support) sll.texas.gov
- Texas Family Code, Chapter 8: maintenance (§§ 8.001, 8.051-8.061, 8.101) legis.texas.gov
- Texas Family Code, Chapter 6: temporary orders during a divorce (§ 6.502) legis.texas.gov
- Florida Statutes § 61.08 (2026): alimony (forms, factors, length and amount) flsenate.gov
- Florida Statutes § 61.071 (2026): alimony pendente lite (during the case) flsenate.gov
- Florida Statutes § 61.14 (2026): modification and enforcement (supportive relationship, retirement, contempt) flsenate.gov
- Florida Statutes § 61.12 (2026): garnishment for alimony or child support flsenate.gov
- New York Domestic Relations Law § 236, Part B: temporary and post-divorce maintenance nysenate.gov
- IRS Topic No. 452: Alimony and separate maintenance irs.gov
- U.S. Department of Labor, Fact Sheet #30: Federal wage garnishment law (limits for child support and alimony) dol.gov
- Child Welfare Information Gateway (HHS): Find help with a personal situation (domestic violence hotline) childwelfare.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.