How Long Does Alimony Last?

Alimony payments are designed to help the spouse who earns the least get on their feet post-divorce and stay there. Most types of alimony will only last a short period and will have a specific end date.

State laws vary, but, for example, if you've been married for five years, alimony could last for 2.5 years, depending on your location. Under very special circumstances, a spouse will be awarded permanent alimony.

The philosophical goal of alimony, which is also known as spousal support or spousal maintenance, is to ensure that both spouses have a reasonable financial quality of life post-divorce. If one higher-earning spouse makes lots of money and the other spouse doesn’t because that person is unable to work or has a child that requires constant care, that person is likely to be awarded alimony.

Alimony duration quick facts

Every state has its own alimony laws that determine when alimony is needed, how long it will be paid, and how much support is required. No matter where you live, the court will consider:

• How long you were married—long marriages may result in more alimony
• Your ages, health, and financial resources
• The earning capacity of both spouses
• Whether one spouse stayed home with the children
• Whether one spouse supported the other while they got an education or professional credentials
• What it will take for the financially dependent, lower-earning spouse to become more financially independent

Examples of state laws about alimony

The length of the marriage is considered in most states, but states make their own rules about the duration of spousal maintenance. For instance:

In Texas, spousal support, as it is known there, has these time limits:

• Married 10-20 years—no more than five years of support
• Married 20-30 years—no more than seven years
• Married more than 30 years—no more than 10 years

In California, spousal support also is based on the length of the marriage.

If the couple was married for fewer than 10 years, the alimony obligation will last for three years. When a marriage lasts longer than 10 years, the court won’t set an automatic end date but will require the spouse who is paying to prove the supported spouse no longer needs financial assistance and can be self-supporting.

In Florida, payments are calculated differently but also based on the duration of the marriage.

• 50% of the length of a marriage lasting fewer than 10 years. Three years of alimony for a marriage that lasted six years.
• 60% of the length of a marriage lasting between 10 and 20 years
• 75% of the length of a marriage lasting 20 years or more

WomensLaw.org has legal advice about divorce, child support, and how alimony is awarded for all sexes in all 50 states. A website like this might help you figure out whether you’ll get alimony awarded and how long alimony will last, but finding divorce lawyers who are experts in your state’s divorce laws is smart. The rules of alimony are never one size fits all.

Types of alimony

Of course, the duration of alimony is also affected by such factors as the type of alimony that is ordered.

Temporary alimony: The court can order one spouse to pay alimony temporarily while the divorce case continues. Temporary alimony can be part of a legal separation agreement. Once the divorce decree is issued, a new support agreement can be ordered. It is all on a case-by-case basis.

Rehabilitative alimony: A judge usually orders a working spouse to pay rehabilitative alimony so a lower- or non-earning spouse can go to school or other employment training. This is often the case when one spouse has stayed home to take care of children. Most states set a limited time frame among the factors for these types of payments.

Permanent alimony: After a long marriage, especially in cases when one spouse has health issues and cannot work, the other spouse may be ordered to pay spousal support indefinitely. This used to be more common, but today, most states prohibit permanent alimony. Only Connecticut, New Jersey, North Carolina, Oregon, Vermont, and West Virginia allow permanent alimony.

Reimbursement alimony: If a spouse worked and paid the bills for the other spouse’s education or job training, and the marriage ended shortly after the schooling or training was over, the contributing spouse can be reimbursed for their contribution. Generally, the amount is limited to what the contributing spouse paid. In most states, the contributing spouse doesn’t have to need the money.

Reviewable alimony: Alimony in some states is unchanging. In others, the courts set periodic reviews and adjust alimony based on specific factors and circumstances.

Lump sum alimony: The court can order alimony paid as a marital property settlement, usually in one payment but occasionally over time.

FAQs

Can alimony be negotiated?

A couple can negotiate the terms of their divorce, including the amount and length of alimony payments. As long as both people agree, the court will probably accept their decision. If they can’t agree, then the court will decide.

Can the duration of alimony be modified after the divorce is final?

Alimony awards can end early if it is no longer needed. If you think that’s true in your case, especially if you can prove it definitively, contact an attorney who will help you ask the court to formally end alimony. Alimony also can end in most states if the recipient spouse remarries. In some states, it ends if they move in with a partner.

What if the paying spouse dies?

Alimony ends after the death of the paying spouse, but in others, the paying spouse may be ordered to purchase life insurance or a lifetime annuity to protect the recipient spouse.

If I move to a state with different rules can that end my alimony?

The Uniform Reciprocal Enforcement of Support Act, which has been enacted in all 50 states, will enforce your support order from whatever state issued it. If you and/or your spouse move, and you aren’t getting payments, see a lawyer.

If I can no longer pay, can alimony end or be lowered?

If you have an illness that means you can’t work or payment would be a financial hardship, and this change was not something you could control, you may get a court order to end alimony. But be careful: These rules are written specifically to prevent spouses from quitting work to avoid paying.

Should I let my spouse off the hook temporarily?

Let's say your spouse wants a short break from paying alimony so they can get their finances in order. As a general rule, if you make this concession and modify or end what your spouse pays, that spouse is under no legal obligation to resume paying.

What happens if the receiving spouse remarries?

In most states, if the spouse receiving financial support remarries, lives with a romantic partner, or is otherwise able to pay for their lifestyle, spousal support payments can end.

Is alimony connected to child support in many divorces?

In general, the answer is no. Child support and alimony are separate in divorce considerations, and the end of alimony won’t mean the end of child support.