What Are the Requirements to Get Alimony? Complete Guide to Spousal Support
You’re Not Alone in Asking This Question. Let me guess – you’re sitting there wondering how you’ll make ends meet after your divorce. Maybe you put your career on hold to raise the kids. Maybe you supported your spouse through med school or law school, and now they’re the one with the six-figure income while you’re starting from scratch.
Here’s what you need to know: what are the requirements to get alimony isn’t just a legal question – it’s about your future financial security. And yes, you might qualify for spousal support even if you worked during your marriage.
I’m going to walk you through everything courts look at when deciding alimony. No legal jargon, no confusing terms – just straight talk about what really matters when you’re trying to figure out if you qualify for spousal support.
Table of Contents
The Basics: What Alimony Actually Is
Think of alimony (also called spousal support or maintenance) as a financial bridge. It’s money one spouse pays to the other after separation or divorce to help the lower-earning spouse maintain a reasonable lifestyle.
Here’s the thing: courts don’t automatically award alimony to everyone who asks. You need to show two main things – that you genuinely need financial help, and that your ex can afford to provide it.
And no, it doesn’t matter if you’re the husband or wife. Courts don’t care about gender anymore. They only care about who needs support and who can pay.
Do You Actually Qualify? The Money Question
Let’s start with the most important factor: income disparity. Translation? There needs to be a significant gap between what you earn and what your spouse earns.
If you’re both pulling in similar salaries, alimony probably isn’t happening. But if you’re making $30,000 while your spouse makes $150,000? Now we’re talking.
What Courts Really Look At With Your Finances
Your current job and paycheck matter, obviously. But here’s what surprises most people – courts also consider what you could be earning, not just what you’re actually making right now.
Let me explain. Say you’re a registered nurse, but you’ve been working part-time at a retail store. The court might look at you and think, “Hold on, you have nursing credentials. You could be earning way more.” That’s called earning capacity, and it can work against you.
But – and this is huge – if you sacrificed your career to support your spouse or raise your kids, courts absolutely recognize that. Did you turn down promotions because you needed flexibility for school pickups? Did you move across the country three times for your spouse’s career? That counts big time.
The lifestyle you had during marriage also matters. Courts try to help both of you maintain something close to what you’re used to. I’m not saying you’ll live in luxury if you can’t afford it, but they won’t expect you to go from comfortable middle-class living to struggling paycheck-to-paycheck either.
How Long Were You Married?
Here’s where things get interesting. No state says “you must be married X years to get alimony” – but length of marriage absolutely affects how much you get and for how long.
Short Marriages (Under 5 Years)
If you were only married a few years, you might get temporary help – what’s called rehabilitative alimony. This gives you time to update your skills, get training, or re-enter the workforce. Think of it as a runway to get back on your feet, not permanent support.
Medium-Length Marriages (5-20 Years)
Now we’re in the zone where alimony gets more substantial. Many states calculate it based on marriage length. For example, if you were married 10 years, you might get alimony for 5 years (50% of the marriage duration). These aren’t hard rules everywhere, but they’re common guidelines.
Long Marriages (20+ Years)
This is where permanent or long-term alimony comes into play. If you’ve been married for decades and you’re 55 years old with no recent work experience, courts recognize you can’t just jump back into a career. The longer the marriage, the stronger your case for extended support.
What You Contributed Matters More Than You Think
This is where a lot of people get emotional, and rightfully so. Courts don’t just count dollars and cents – they value what you brought to the marriage, even if it didn’t show up on a paycheck.
Were you the one who handled everything at home so your spouse could climb the corporate ladder? That matters. Did you work full-time and manage the household? That matters too.
Contributions Courts Care About
Supporting your spouse through school or career training is huge. If your ex is now a lawyer or doctor because you paid the bills and took care of everything while they studied, that’s a recognized contribution. Some states even have special “reimbursement alimony” just for this situation.
Raising children counts. Managing the household counts. Being the one who coordinated family life, dealt with aging parents, or handled medical emergencies – all of this matters when courts look at your case.
And yes, your direct financial contributions count too. If you worked, contributed your salary to family expenses, or used your own separate property for marital needs, that’s part of the picture.
Other Critical Factors in Your Situation
Your Age and Health
Let’s be real – if you’re 50-something and haven’t worked in 20 years, getting back into the workforce is tough. Courts know this. Age isn’t just a number in alimony cases; it’s a major consideration.
Health issues that limit your ability to work strengthen your case significantly. But you’ll need actual medical documentation – not just “I don’t feel great.” We’re talking documented conditions that legitimately restrict your employment options.
Your Education and Work History
Here’s where it gets nuanced. If you have a master’s degree and worked until last year, the court might expect you to bounce back quickly. If you have a high school diploma and haven’t worked since 1998, that’s a different story entirely.
Employment gaps matter, but why you have them matters more. Taking 15 years off to raise kids? Courts view that favorably. Choosing not to work because you didn’t want to? That’s not helping your case.
Kids and Custody
If you have primary custody of young children, your ability to work full-time is obviously limited. Courts factor this in. You can’t be expected to work 60-hour weeks when you’re the primary caregiver.
Remember though – child support and alimony are separate. You might get both, but they serve different purposes. Child support is for the kids’ needs; alimony is for your needs.
Did Someone Cheat or Behave Badly?
Some states care about this, others don’t. It depends where you live.
In “fault” states, adultery, abuse, or other bad behavior might increase alimony for the innocent spouse. But most states today are “no-fault” divorce states – meaning they don’t care who did what unless it affected the money.
However, financial misconduct matters everywhere. If your spouse gambled away your savings, hid assets, or engaged in wasteful spending, that affects alimony calculations even in no-fault states.
State Laws Make a Huge Difference
I cannot stress this enough: where you live changes everything.
Some states use mathematical formulas to calculate alimony. Others give judges broad discretion to decide based on specific factors. Some states cap how long you can receive support; others allow indefinite alimony for long marriages.
Examples of State Variations
California judges have wide discretion but generally consider the standard of living during marriage as a key factor. There’s no specific formula, but for marriages under 10 years, alimony typically doesn’t exceed half the marriage length.
Florida reformed its alimony laws significantly and now limits permanent alimony to specific circumstances, favoring rehabilitative support instead. Texas has strict requirements – you generally need a 10-year marriage minimum to even qualify for alimony.
New York uses formulas for temporary support during divorce proceedings, while permanent alimony after divorce is based on specific statutory factors.
The point? Don’t assume what your friend got in their divorce applies to you if they live in a different state.
Types of Alimony You Might Receive
Temporary Support (Pendente Lite)
This covers you during the divorce process itself. If your spouse controlled all the money and you need help paying bills while the divorce drags on for months, courts can order temporary support quickly. This ends when your divorce is finalized.
Rehabilitative Alimony
This is the most common type today. It’s designed to support you while you gain education, training, or work experience to become self-sufficient. You’ll typically need to present a realistic plan showing how you’ll become financially independent – maybe that’s going back to school, getting certified in your field, or rebuilding a business.
Most rehabilitative alimony lasts 2-5 years, but it varies based on your situation.
Permanent Alimony
Don’t let the word “permanent” fool you – it usually ends when you remarry, move in with a new partner, or when either spouse dies. It’s really “long-term” alimony.
This type is increasingly rare and typically reserved for long marriages where the receiving spouse legitimately cannot achieve self-support due to age, disability, or other significant factors.
Reimbursement Alimony
Some states specifically recognize this when one spouse supported the other through education or career development. If you worked at Starbucks for five years while your spouse went to law school, reimbursement alimony compensates you for that contribution.
What You Need to Document Your Case
Financial Papers You’ll Need
Get ready to gather documents. Lots of them. Courts need to see the full financial picture for both spouses.
Essential documents include:
Your tax returns for at least the past 3-5 years (and your spouse’s). Recent pay stubs, bank statements, investment accounts, retirement accounts – everything showing current financial status.
A detailed monthly budget is critical. Don’t just guess at numbers. Actually track what you spend on housing, utilities, food, healthcare, transportation, insurance, clothing, and other necessities. Courts need to see exactly what you need to live reasonably.
Your employment history matters too – resume, educational credentials, professional licenses, and any certifications you hold.
Proof of What You Sacrificed
Documentation of your contributions strengthens your case immensely. Dig up old emails or letters discussing career decisions, relocation for your spouse’s job, or agreements about who would prioritize their career.
If you were the primary caregiver, gather evidence of that – school records showing you as the contact person, volunteer work related to your kids’ activities, or anything demonstrating you were the one managing family life.
Common Obstacles to Getting Alimony
You Signed a Prenup or Postnup
This is the big one. If you signed an agreement before or during marriage limiting or waiving alimony, courts usually enforce it – unless you can prove it was signed under duress, you didn’t have legal representation, or it’s so unfair it’s unconscionable.
Prenups aren’t automatically ironclad, but they’re serious obstacles.
You’re Planning to Move In With Someone
Most states terminate or reduce alimony if you remarry or cohabitate with a romantic partner. Courts reason that if someone else is helping support you, you don’t need as much (or any) spousal support.
Even if you’re just thinking about it, be aware – this can impact your alimony award from the start.
The “You Could Be Working” Problem
This trips people up constantly. If courts think you’re voluntarily underemployed – meaning you could reasonably earn more but you’re choosing not to – they might deny or limit alimony.
However, legitimate reasons for lower earnings include health problems, childcare responsibilities, lack of jobs in your field in your area, or age discrimination. Just “not wanting to” won’t cut it.
Can Alimony Change After It’s Ordered?
Yes, and this is important to understand. Most alimony orders allow for modification if circumstances substantially change.
Common Reasons for Modification
Job loss or major income reduction for the paying spouse can justify lower payments. But we’re talking legitimate job loss, not quitting because you don’t want to pay – courts see through that.
If the paying spouse gets a major raise or promotion, you might be able to request increased support. Health changes affecting either spouse’s earning capacity or needs warrant review.
Retirement is increasingly common as the paying spouse reaches retirement age. Courts generally allow reduced payments upon reasonable retirement, but they scrutinize early retirements meant to avoid support obligations.
What to Do Next
Get Legal Help
I’ll be straight with you – navigating alimony law is complicated, and having an experienced family law attorney makes a significant difference in outcomes.
Look for an attorney who practices primarily family law in your specific state. Initial consultations are often free or low-cost. Come prepared with questions about your specific situation, potential alimony amounts and duration in your jurisdiction, what documentation you’ll need, and realistic timelines.
Prepare for the Process
If you can’t reach a settlement agreement, be ready for court. You’ll need to present evidence clearly and answer questions about your financial situation, employment plans, and needs.
Practice explaining your situation concisely. Organize all your documentation logically and professionally. Think through potential questions about why you’re not working more, what your career plans are, and how you calculated your budget needs.
Consider Negotiating
Most divorcing couples settle alimony through negotiation rather than having a judge decide. Settlement gives you flexibility to structure support in ways that work for both parties.
Negotiation often results in agreements both people can live with while avoiding expensive, stressful litigation. Just make sure any agreement adequately protects your financial interests.
Your Most Common Questions Answered
I worked the whole marriage. Can I still get alimony?
Absolutely. If there’s a significant income gap between you and your spouse, or if you sacrificed career advancement for family needs, you can still qualify. Working doesn’t automatically disqualify you.
How long do I need to be married?
There’s no minimum in most states, though longer marriages typically mean longer support. Even short marriages might warrant temporary help getting back on your feet.
What if my ex cheated?
Depends on your state. Some consider adultery when determining alimony; others focus only on finances. Even in no-fault states, financial misconduct during marriage affects alimony decisions.
My spouse says they can’t afford to pay. Now what?
Courts examine actual ability to pay by reviewing income, assets, debts, and necessary expenses. They’ll determine reasonable support amounts that don’t create undue hardship for the paying spouse – but they’ll also look closely to ensure your ex isn’t hiding income or assets.
Does this apply to same-sex marriages?
Yes, 100%. Alimony laws apply equally regardless of the gender of either spouse. Same-sex couples have identical rights to request and receive spousal support.
The Bottom Line on Alimony Requirements
Understanding what are the requirements to get alimony empowers you to make smart decisions during your divorce. While every case is unique and laws vary by state, knowing what courts look at helps you prepare effectively.
You don’t need to have all the answers today. You don’t need to figure everything out alone. What you need is accurate information about your rights and realistic expectations about your situation.
If you’ve made real sacrifices for your marriage, supported your spouse’s career, or face a significant income gap, you very likely have a strong case for spousal support. Don’t let anyone make you feel guilty for seeking financial support that helps you rebuild your life.
Take the next step. Document your situation. Consult with a family law attorney in your area. And remember – alimony exists because the law recognizes that marriage is a partnership, and the end of that partnership should result in fair financial outcomes for both people.
Legal Citations and Authority
The information in this article is based on established family law principles derived from:
Federal Law
- Internal Revenue Code (26 U.S.C.) – Governs tax treatment of alimony payments. Pre-2019 divorce decrees allow tax deductions for paying spouse and taxable income for receiving spouse; post-2018 Tax Cuts and Jobs Act divorces eliminate this tax treatment.
- Authority: IRS Topic No. 452, available at www.irs.gov/taxtopics/tc452
- Social Security Act § 1612(a)(2)(E); 20 CFR 416.1121(b) – Defines alimony and spousal support for federal benefits purposes.
- Authority: Social Security Administration POMS SI 00830.418
Uniform Laws
- Uniform Marriage and Divorce Act (UMDA) § 308 – Provides model legislation adopted or adapted by many states addressing spousal maintenance factors including: financial resources of parties, time necessary for education/training, standard of living during marriage, marriage duration, age and physical/emotional condition of spouse seeking maintenance, and ability of spouse to pay while meeting own needs.
- Authority: National Conference of Commissioners on Uniform State Laws (1970), available through Uniform Law Commission
State-Specific Statutes Referenced
California: California Family Code §§ 4300-4360 – Governs spousal support awards
- Authority: California Courts Self-Help Center, www.courts.ca.gov/selfhelp-support.htm
Florida: Florida Statutes § 61.08 – Alimony award provisions and modification rules
- Authority: Florida Legislature, www.leg.state.fl.us/statutes
Texas: Texas Family Code § 8.051 – Spousal maintenance eligibility and factors
- Authority: Texas Law Help, www.texaslawhelp.org
Pennsylvania: 23 Pa. Consolidated Statutes § 3701 – Alimony provisions
- Authority: Pennsylvania General Assembly, www.legis.state.pa.us
Maryland: Maryland Code, Family Law § 11-101(b) – Alimony types and standards
- Authority: Maryland People’s Law Library, www.peoples-law.org
North Carolina: N.C. General Statutes Chapter 50 – Divorce and Alimony provisions
- Authority: North Carolina General Assembly, www.ncleg.gov
South Carolina: S.C. Code of Laws Title 20, Chapter 3 – Domestic relations and alimony
- Authority: South Carolina Legislature, www.scstatehouse.gov
Utah: Utah Code § 30-3-5 – Alimony provisions and modifications
- Authority: Utah Courts Self-Help Center, www.utcourts.gov
Case Law Principles
Courts across jurisdictions consistently apply these principles when determining alimony eligibility:
- Demonstration of financial need by requesting spouse
- Ability to pay by supporting spouse
- Standard of living during marriage
- Marriage duration as factor in award duration
- Contributions (financial and non-financial) to marital partnership
- Age, health, and employability considerations
- Custody and childcare responsibilities
- Sacrifices made for spouse’s career or family benefit
Important Legal Disclaimer: This article provides general educational information about alimony requirements and should not be construed as legal advice for your specific situation. Alimony laws vary significantly by state and individual circumstances differ substantially. The legal authorities cited above represent general principles, but your jurisdiction may have specific requirements, limitations, or procedures not covered here.
For advice specific to your situation, consult with a qualified family law attorney licensed in your jurisdiction. Laws change regularly, and courts interpret statutes differently. Only an attorney familiar with your state’s current laws and local court practices can provide accurate legal guidance for your particular case.
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah