Start My Answer
loading...

What is Alimony?

Dena Standley | January 31, 2023

Dena Standley
Legal Expert, Paralegal
Dena Standley, BA

Dena Standley is a seasoned paralegal with more than 20 years of experience in legal research and writing, having received a certification as a Legal Assistant/Paralegal from Southern Technical College.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: An alimony award provides a continuing income to a spouse who is not a wage earner or earns a lower wage after a divorce. The ex-spouse may have abandoned a career to support the family, so they need time to acquire job skills.

A significant part of the divorce process is alimony. Alimony can refer to several payments made from one spouse to the other, and divorcees are entitled to alimony to maintain a similar standard of living.

A majority of alimony awards in the past went to ex-wives. But due to the rise in two-wage marriages, women are considered less dependent now, and men might be the primary parents in many cases. The number of orders for alimony payments from ex-wives to ex-husbands is rising.

In recent years, courts and awards for spousal support have kept pace with changing circumstances, for example, following the Obergefell v. Hodges decision. Higher-earning spouses in same-sex divorces are ordered to pay alimony to a dependent spouse of the same gender. Here is more.

What is alimony?

An alimony payment is a financial support one spouse provides to another after a divorce. The ex-spouse may need support if the other spouse cannot support themselves. In general, alimony is a sum of money calculated and fixed by a court for one of the spouses to contribute.

A variety of factors may determine alimony support in different states, including

  • Both parties' ages
  • Marriage duration
  • Education (if any) and degrees earned

Separated or divorced parents may need to pay alimony based on their expenses and resources, such as:

  • Spouses' net monthly incomes
  • Credit status
  • Rent
  • Taxation
  • Amounts spent on the children's education, health, and other expenses

The payments may be made in one lump sum or in installments.

How to understand alimony

In each state, the amount of and duration of alimony depends on the length of the marriage and each spouse's current and future potential incomes, and many factors vary from state to state.

A relatively new marriage or one in which spouses have similar annual incomes may not be eligible for alimony payments. Children support, noncash property settlements, voluntary payments, or money used to maintain the property are not included in alimony.

What are the types of alimony?

Depending on the state, alimony can take a variety of forms. For example, California has five types of alimony:

  • Temporary alimony: Divorce costs and daily expenses may be included, but the payments cease once the divorce ends.
  • Permanent alimony: A monthly payment is made until the lower-earning spouse remarries or passes away.
  • Rehabilitative alimony: Paid while the lower-earning spouse studies, trains, or tries to find a job. It ends either after a certain period or when the payee becomes independent.
  • Reimbursement alimony: The lower-earning spouse is reimbursed for expenses such as tuition or work training, but it is not on an ongoing basis.
  • Lump-sum alimony: The payment is made instead of a property settlement when one spouse does not wish to keep any property or assets from the marriage.

Alimony termination is flexible and open to negotiation, as evidenced above by the types of alimony. Among the other situations that could justify stopping payments are:

  • Retirement
  • Parental care is no longer required for children
  • An evaluation by a judge that a recipient is not striving to become self-sufficient

How to get alimony

The court must be able to establish some facts before ordering alimony. Some facts are common to all states, but others vary.

  • You may have to prove the standard of living you enjoyed while you were married without your spouse's support, and you will have to give a detailed account of your financial situation.
  • Your spouse will most likely have to demonstrate that they can maintain a standard of living similar to what you had when you were married, even if they pay you alimony.
  • A premarital agreement or a divorce proceeding containing no alimony provision will prevent you from receiving it.

How do taxes on alimony work?

There has been a change in the rules regarding alimony taxation. Taxes on alimony payments were deductible expenses for the payer but taxable income for the receiver. As a result of the Tax Cuts and Jobs Act of 2017, alimony payments are no longer deductible on federal taxes for divorce agreements signed after Dec. 31, 2018.

Additionally, alimony recipients no longer owe federal taxes for alimony payments.

Is there a formula for calculating alimony?

States have formulas that help the court calculate alimony. A lower-earning spouse receives a percentage of the difference between their monthly incomes. In some states, guidelines apply only to divorces where the income threshold is below a certain amount.

The courts in some states have a great deal of leeway to determine the amount of alimony, depending on precedent but still relying on their judgment. Paying alimony does not usually result in a lower net income for the paying spouse than the receiving spouse.

Alimony enforcement

It may be harder to enforce alimony than other court orders, such as child support, even though it is legally binding. Even so, recipients have legal recourse if they don't receive what the court ordered.

Alimony and child support can often leave one or both spouses struggling with unpaid debt. SoloSuit can help. Visit our website today to explore your options.

What is Solo?

Solo makes it easy to resolve debt with debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt. SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

SoloSettle can help you contact your debt collector or creditor and negotiate the debt to settle for less, all online. It simplifies and streamlines the process to settling your debt.

No matter where you find yourself in the debt collection process, Solo is here to help you resolve your debt.

Respond with SoloSuit

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started

Contents