Alimony Laws and Forms: 50-State Survey

Alimony, often known as spousal support or spousal maintenance, may be awarded in connection with a divorce when a spouse shows that they need financial support, and the other spouse can provide it. The gender of each spouse is not relevant to this decision. The majority of states provide a statutory list of factors that a judge must consider, although state law often gives a judge discretion to consider any other factor that may be appropriate. Commonly considered factors include the duration of the marriage, the income and earning capacity of each spouse, the debts and assets of each spouse, the age and health of each spouse, and contributions by either spouse to the education or career of the other spouse.

Other aspects of the determination may be more subjective. For example, courts in most states consider the standard of living that the spouses maintained during the marriage. This may account not only for basic necessities, such as clothing, food, and housing, but also for non-essential luxuries that affected quality of life. Many states consider fault in awarding alimony, or the contribution of either spouse to causing the divorce. If a marriage in one of those states failed due to misconduct by a spouse, this may affect the amount of alimony that they pay or receive. In some states, meanwhile, a court will consider whether the recipient spouse has custody of any children, which may affect their eligibility for alimony or increase payments.

Traditionally, alimony often was awarded permanently or indefinitely, but this has become less common. Courts across the US have shifted toward an approach that views alimony as a means to help the recipient spouse become financially self-sufficient. This usually means that alimony is awarded temporarily for a set time so that the recipient spouse can find a job or get the education or training that they need to pursue a career. However, permanent alimony still may be awarded in some situations in which a spouse likely would not have an opportunity to rejoin the workforce, often due to advanced age or a serious medical condition. Since a divorce may not be finalized for a long time, especially if it is contested, a court also may order alimony while it is pending if a spouse needs assistance with meeting their basic needs.

Click on a state below for information about its approach to alimony and links to forms that you may need to file if alimony becomes an issue during or after your divorce.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• Washington, D.C.
• West Virginia
• Wisconsin
• Wyoming

Alabama

• Marital standard of living considered: Yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a material change in circumstances

An Alabama alimony determination occurs after the process of property division in a divorce, since a judge may find that the separate assets of the seeking party, combined with marital assets awarded to them, make an alimony award unnecessary. A judge may consider factors such as the length of the marriage, the standard of living during the marriage, the relative fault of the parties, the age and health of each party, future employment prospects, any contributions by one party to the education or earning capacity of the other party, and any other relevant factors.

Alimony in Alabama may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies.

Alaska

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: A material and substantial change in circumstances

Alaska provides three types of alimony (“maintenance”): temporary (for during the divorce process), rehabilitation (for help becoming self-sufficient), and reorientation (for adjustment to one income). Factors considered in calculating an Alaska alimony award include the length of the marriage, the standard of living during the marriage, the financial circumstances of each party, and the age and health of each party. A judge also may consider the value of the marital property awarded to each spouse, the earning capacity of each spouse, and any conduct by either spouse that depleted marital assets.

Alimony in Alaska may be modified or terminated if one party proves to the court that there has been a material and substantial change in circumstances that warrants a modification or termination.

Arizona

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial and continuing change in circumstances

Arizona alimony (“maintenance”) award considerations include the standard of living during the marriage, the length of the marriage, the employment history and earning ability of the seeking party, the age and health of the seeking party, the ability of the paying party to meet their own needs while paying alimony, the comparative financial resources of the parties, the contribution of the seeking party to the paying party’s earning ability, the extent to which the seeking party reduced their income or career opportunities for the benefit of the paying party, the ability of both parties to contribute to the future educational costs of mutual children, and other relevant factors.

Alimony in Arizona may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Arkansas

• Marital standard of living considered: Not addressed by statute, but usually yes
• Fault considered: Not addressed by statute, but considered if relevant according to courts
• Child custody considered: Not addressed by statute (but child support may be considered)
• Termination or modification of alimony: Remarriage, bearing a child with a third party that results in court-ordered support, cohabitation, death, or a significant and material change in circumstances

Some of the factors that a judge may consider in issuing an Arkansas alimony award include the needs of the seeking party, the ability of the paying party to pay alimony while meeting their own needs, the income and earning capacity of each party, the standard of living during the marriage, the resources and assets of each party, the age and health of both parties, the length of the marriage, the marital property awarded to each party, and any child support award, along with other relevant considerations. A judge may award temporary (for during the divorce process), rehabilitative (for help becoming self-sufficient), or permanent support.

Alimony in Arkansas may be modified or terminated if one party proves to the court that there has been a significant and material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating full-time with another person in an intimate relationship, if the receiving party remarries, if the receiving party has a child and the court either orders a third party to pay support to the receiving party or orders the receiving party to pay support to a third party (the law considers these circumstances equivalent to remarriage), or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

California

• Marital standard of living considered: Yes
• Fault considered: Generally not, unless a spouse committed domestic violence
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a material change in circumstances

A California alimony (“spousal support”) award takes into consideration factors such as the standard of living during the marriage, the extent to which the seeking party contributed to the other party’s education, training, career, or license, the ability of the paying party to pay alimony while supporting their own needs, the obligations and assets of each party, the length of the marriage, the ability of the seeking party to engage in gainful employment without unduly interfering with the interests of dependent children in their custody, the age and health of the parties, any history of domestic violence, the tax consequences of alimony, and other relevant factors.

Alimony in California may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree that alimony is not modifiable or terminable under certain circumstances.

Colorado

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial and continuing change in circumstances

Colorado alimony (“spousal maintenance”) is calculated by considering factors such as the financial resources of both parties, the standard of living during the marriage, the distribution of marital property, the parties’ income, employment, and employability (including any necessary reduction in employment due to the needs of a child of the marriage or circumstances of the parties), whether one party has historically earned higher or lower income than that reflected at the time of the order, the length of the marriage, the age and health of the parties, and other relevant factors.

Alimony in Colorado may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that makes the existing alimony award unfair. The obligation to pay alimony may stop early if the receiving party remarries or establishes a civil union, or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Connecticut

• Marital standard of living considered: Not addressed by statute, but generally yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: A substantial change in circumstances

A Connecticut alimony award will consider factors such as the length of the marriage, the causes and reasons for the termination of the marriage, the parties’ ages and health, the parties’ amounts and sources of income, occupations, education, vocational skills, and employability, the estate and division of property, the parties’ needs for support, and whether it is desirable and feasible for a custodial parent to secure employment. Connecticut courts have broad discretion in determining alimony and may also consider factors such as the standard of living during the marriage.

Alimony in Connecticut may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. Connecticut considers cohabitation that alters a receiving party’s financial needs to be a change in circumstances, among other things. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Delaware

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a real and substantial change in circumstances

During a Delaware alimony proceeding, a court will not consider marital misconduct. Instead, the court will consider the seeking party’s financial resources (including marital or separate property), the time necessary and expense required for the seeking party to acquire sufficient education or training for employment, the standard of living during the marriage, the parties’ ages and health, the length of the marriage, one party’s contributions to the other’s economic, educational, or occupational advancement, the paying party’s ability to maintain financial stability while paying alimony, the tax consequences of alimony, and any other relevant factors.

Alimony in Delaware may be modified or terminated if one party proves to the court that there has been a real and substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies. Recipient parties who remarry or cohabitate must promptly notify the paying party. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Florida

• Marital standard of living considered: Yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial change in circumstances

Florida alimony factors include the standard of living established during the marriage, the length of the marriage, the ages and health of both parties, the financial resources of each party (including marital and non-marital assets and liabilities), the earning capacities, education levels, vocational skills, and employability of both parties, the time necessary for either party to acquire sufficient education or training for employment, one party’s contributions to the other’s economic, educational, or occupational advancement, any responsibilities for minor children, the tax consequences of alimony, all sources of income, adultery, and any other relevant factor.

Alimony in Florida may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies. Bridge-the-gap alimony (short-term alimony awarded to help the recipient transition from being married to being single) is not modifiable in amount or duration. Rehabilitative alimony may additionally be modified or terminated if the receiving party has not complied with the rehabilitative plan or has completed the plan.

Georgia

• Marital standard of living considered: Yes
• Fault considered: Yes
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial change in circumstances

Georgia alimony awards consider the standard of living during the marriage, the length of the marriage, the age and health of the parties, the financial resources of both parties, any time necessary for a party to acquire sufficient education or training for employment, the contributions of each party to the marriage (homemaking, child care, education, and career building, etc.), the estates, earning capacities, and liabilities of the parties, and other relevant factors. In Georgia, a party is not entitled to alimony if it is established by a preponderance of the evidence that the termination of the marriage was caused by that party’s adultery or desertion.

Alimony in Georgia may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies.

Hawaii

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage or a material change in circumstances

Hawaii alimony (“spousal support and maintenance”) considerations include the financial resources of the parties, the ability of the seeking party to meet their needs independently, the length of the marriage, the standard of living during the marriage, the age and health of the parties, the usual occupation of each party during the marriage, the vocational skills and employability of the seeking party, the needs of both parties, custodial and child support responsibilities, the ability of the paying party to meet their own needs while paying alimony, the probable duration of the support need, and any other relevant factors that measure the financial condition of the parties.

Alimony in Hawaii may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries. Recipient parties who remarry must notify the court and the paying party within 30 days or risk paying attorneys’ fees, costs, and reimbursement to the paying party. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Idaho

• Marital standard of living considered: Not addressed by statute
• Fault considered: Yes
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: A substantial and material change in circumstances

Courts consider these factors in Idaho alimony (“maintenance”) decisions: the financial resources of the seeking party (including apportioned marital property and the party’s ability to meet their needs independently), the time necessary for the seeking party to acquire sufficient education or training for employment, the length of the marriage, the age and health of the seeking party, the ability of the paying party to meet their needs while paying maintenance, the tax consequences of maintenance payments, the fault of either party, and any other relevant factors.

Alimony in Idaho may be modified or terminated if one party proves to the court that there has been a substantial and material change in circumstances that warrants a modification or termination.

Illinois

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial change in circumstances

Illinois alimony (“maintenance”) is determined by considering factors such as the income and property of each party, the needs of each party, the realistic present and future earning capacity of each party, the impairment of earning capacity of either party, the time necessary for the seeking party to acquire education, training, or employment, any parental responsibilities, the standard of living during the marriage, the length of the marriage, the age and health of the parties, the incomes, estates, liabilities, vocational skills, and employability of each party, contributions of the seeking party to the education, training, career or career potential, or license of the paying party, and any other relevant factor.

Alimony in Illinois may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with another person on a resident, continuing conjugal basis, if the receiving party remarries, or if either party dies. Recipient parties who remarry must notify the paying party of their intention to marry at least 30 days before the remarriage, or 72 hours within getting married if the decision is made in less than 30 days. Parties may agree that alimony is not modifiable or terminable under certain circumstances.

Indiana

• Marital standard of living considered: Not addressed by statute
• Fault considered: Not addressed by statute, but generally yes, except that judges cannot discriminate based on gender
• Child custody considered: Yes
• Termination or modification of alimony: A substantial and continuing change in circumstances

Indiana alimony (“spousal maintenance”) considerations include the level of education of each party at the time of the marriage and the time when the action is commenced, whether any interruptions in education, training, or employment of the party seeking maintenance occurred during the marriage as a result of homemaking or child care responsibilities, the earning capacity of each party (including education, background, training, skills, experience, and length of presence in or absence from the job market), and the time and expense necessary to acquire sufficient education or training for the seeking party to find employment.

Alimony in Indiana may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that makes the existing alimony award unreasonable.

Iowa

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but no according to courts
• Child custody considered: Yes
• Termination or modification of alimony: A substantial change in circumstances

Iowa alimony (“spousal support”) is determined by considering, in part, the length of the marriage, the ages and health of the parties, the distribution of property, the education levels of both parties at the time of the marriage and at the time of the action, the earning capacity of the seeking party, the feasibility of the seeking party becoming self-supporting at a standard of living reasonably comparable to the standard during the marriage (and the length of time necessary to achieve this goal), the tax consequences of support, any mutual financial or service agreements between the parties, any antenuptial agreements, and other relevant factors.

Alimony in Iowa may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. Remarriage is one of many factors that may be considered in determining whether there has been a substantial change in circumstances.

Kansas

• Marital standard of living considered: Not addressed by statute, but generally yes
• Fault considered: Not addressed by statute, but generally not unless it was egregious
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: A change in circumstances

Kansas alimony (“spousal support”) is determined at a judge’s discretion and not by prescribed factors like most other states. However, judges will commonly consider the length of the marriage, the standard of living during the marriage, the ages and health of the parties, the financial resources of the parties, the contributions of each party to the marriage, the time that a party would need to acquire necessary education or training for employment, and the ability of the paying party to meet their own needs while paying alimony. In Kansas, spousal support cannot be awarded for longer than 121 months at a time, but parties can agree to a longer term by choice.

Alimony in Kansas may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. However, a court cannot increase or accelerate alimony payments without the paying party’s consent.

Kentucky

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but generally no
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial and continuing change in circumstances

Kentucky alimony (“maintenance”) is determined by considering factors such as the financial resources of the seeking party (including marital property apportioned to them, their ability to meet their needs independently, and any child support awards that include a sum for the seeking party as custodian), the time necessary to acquire sufficient education or training for employment, the standard of living established during the marriage, the length of the marriage, the age and health of the seeking party, the ability of the paying spouse to meet their needs while paying alimony, and any other relevant factors.

Alimony in Kentucky may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that makes the existing alimony award unconscionable. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Louisiana

• Marital standard of living considered: Not addressed by statute
• Fault considered: Yes, if it occurred before the divorce proceeding was filed
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a material change in circumstances

Louisiana alimony (“spousal support”) considers factors such as the incomes and means of the parties (including the liquidity of such means), the financial obligations of the parties (including child support), the earning capacities of the parties, the effect of child custody on a party’s earning capacity, the time necessary for the seeking party to obtain appropriate education or training for employment, the health and ages of the parties, the length of the marriage, the tax consequences of alimony for either party, any act of domestic abuse, and any other relevant factors.

Alimony in Louisiana may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies.

Maine

• Marital standard of living considered: Yes
• Fault considered: No, except for economic misconduct that depleted marital assets or economic abuse
• Child custody considered: Not addressed by statute (but child support considered)
• Termination or modification of alimony: Death or a substantial change in circumstances

Maine alimony (“spousal support”) considerations include the length of the marriage, the ability of a party to pay, the ages and health of the parties, the employment and income history and potential of both parties, the education and training of both parties, retirement and health insurance benefits of both parties, tax consequences, contributions of either party as homemaker, contributions of either party to the education or earning potential of the other, economic misconduct of either party resulting in the diminution of marital property or income, economic abuse by a spouse, the standard of living during the marriage, the ability of the seeking party to become self-supporting, the effect of child support orders, and other relevant factors.

Alimony in Maine may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. Only alimony awards issued before October 1, 2013 may be non-modifiable. The obligation to pay alimony may stop early if either party dies, unless the decree expressly provides otherwise.

Maryland

• Marital standard of living considered: Yes
• Fault considered: Yes (“circumstances that contributed to the estrangement of the spouses”)
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: Remarriage, death, or when circumstances and justice so require

Maryland courts determining alimony consider the seeking party’s ability to be wholly or partly self-supporting, the time necessary for the seeking party to gain sufficient education or training for suitable employment, the standard of living during the marriage, the length of the marriage, the contributions (monetary and non-monetary) of each party to the well-being of the family, the circumstances of the estrangement, the ages and health of the parties, the ability of the paying party to meet their own needs while paying alimony, any agreements between the parties, the financial needs and resources of each party, and other relevant factors.

Alimony in Maryland may be modified or terminated if one party proves to the court that circumstances and justice require a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries, if either party dies, or if the paying party proves to the court that termination is necessary to avoid a harsh and inequitable result. Parties may agree that alimony is not modifiable or terminable under certain circumstances.

Massachusetts

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but probably not unless marital assets were depleted
• Child custody considered: Not addressed by statute (although a child support order can affect alimony in certain ways)
• Termination or modification of alimony: Remarriage, cohabitation, retirement, death, or a material change in circumstances

Massachusetts alimony decisions involve the length of the marriage, the ages and health of the parties, the incomes and employability of both parties (including reasonable diligence and additional training), economic and non-economic contributions of both parties to the marriage, the marital lifestyle (and the ability to maintain that lifestyle), the lost economic opportunity resulting from the marriage, and any other relevant factors. A Massachusetts court will not consider capital gains income and dividend and interest income derived from assets equitably divided or gross income already considered for setting a child support amount in its alimony calculations.

General term or rehabilitative alimony in Massachusetts may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination, unless a written agreement provides otherwise. Reimbursement and transitional alimony are not modifiable. The obligation to pay general term alimony may stop early if the paying party proves to the court that the receiving party has been cohabitating with a partner for at least three continuous months, if the receiving party remarries, or if either party dies. It may also stop early if the paying party reaches full retirement age. The obligation to pay rehabilitative alimony may stop early if the receiving party remarries or if either party dies. Reimbursement and transitional alimony may stop early if the receiving party dies.

Michigan

• Marital standard of living considered: Not addressed by statute, but generally yes
• Fault considered: Not addressed by statute, but generally yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage or a change in circumstances

Michigan alimony guidelines do not provide specific factors for a judge to consider in awarding support, but they prescribe that awards may be made for “suitable support and maintenance” after property has been divided in a divorce action when such division is insufficient for a party and any children to maintain a reasonable standard of living. Michigan courts have broad discretion in determining an alimony award and may use any child support award as a guideline, since Michigan’s child support guidelines are more detailed. A judge may also award alimony during divorce proceedings so that the adverse party may defend the action.

Alimony in Michigan may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries, unless a written agreement expressly provides otherwise.

Minnesota

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial change in circumstances

A Minnesota alimony (“maintenance”) determination takes into account factors such as the financial resources of the seeking party, the time necessary to acquire sufficient education or training for employment, the standard of living during the marriage, the length of the marriage, the time that a party was absent from the workforce to the extent that any education, skills, or experience has become outmoded and earning capacity permanently diminished, any earnings, seniority, retirement benefits, or other employment opportunities forgone by the seeking party, the age and health of the seeking party, and the contribution of each party to the marital property and the other party’s employment or business.

Alimony in Minnesota may be modified or terminated if one party proves to the court that one of the law’s enumerated substantial changes in circumstances exist that warrants a modification or termination, including the substantially changed gross income of the paying party or the substantially changed need of the receiving party. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Alimony payments may also be modified or terminated if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, taking into account whether the recipient would marry the cohabitant but for the alimony award, the economic benefit of the cohabitation, the length and likely future duration of the cohabitation, and the economic impact on the recipient if the modification is made and cohabitation ends. A motion to modify alimony based on cohabitation usually cannot be brought within one year of the date of the original support order. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Mississippi

• Marital standard of living considered: Not addressed by statute, but yes according to courts
• Fault considered: Not addressed by statute, but yes according to courts
• Child custody considered: Not addressed by statute, but yes according to courts
• Termination or modification of alimony: Remarriage, death, or a material change in circumstances

Mississippi alimony considerations are not dictated by statute, but instead by a judge’s discretion. A judge may consider the incomes and expenses of both parties, the health and earning capacities of both parties, the needs of each party, the obligations and assets of each party, the length of the marriage, the presence or absence of minor children in the home, the ages of the parties, the standard of living both during the marriage and at the time of the support determination, the tax consequences of alimony, fault or misconduct, wasteful dissipation of assets by either party, and any other relevant factors.

Periodic or rehabilitative alimony in Mississippi may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination. The obligation to pay periodic alimony may stop early if the receiving party remarries or if either party dies. Lump sum alimony is not modifiable and is generally not affected by death or remarriage.

Missouri

• Marital standard of living considered: Yes
• Fault considered: Yes (“the conduct of the parties during the marriage”)
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial and continuing change in circumstances

A Missouri alimony (“maintenance”) award will consider the financial resources of the seeking party (including marital property apportioned to them and their ability to meet their needs independently, considering any child support), the time necessary to acquire sufficient education or training for employment, the comparative earning capacity of each party, the standard of living during the marriage, the obligations and assets of both parties (including marital and separate property), the length of the marriage, the age and health of the seeking party, the ability of the paying party to meet their needs while paying alimony, the conduct of the parties during the marriage, and any other relevant factors.

Alimony in Missouri may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Montana

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial and continuing change in circumstances

Montana alimony (“maintenance”) considers the seeking party’s financial resources (including marital property and the party’s ability to meet their needs independently, considering child support), the time necessary to acquire sufficient education or training for employment, the standard of living during the marriage, the age and health of the seeking party, and the ability of the paying party to meet their own needs while paying alimony, as well as other relevant factors. Alimony may also be awarded if the seeking party lacks sufficient property to provide for their reasonable needs and is unable to be self-supporting through employment or is the custodial parent, making it inappropriate to seek employment outside the home.

Alimony in Montana may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that makes the existing alimony award unconscionable. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Nebraska

• Marital standard of living considered: Not addressed by statute
• Fault considered: Not addressed by statute, but no according to courts
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a material and substantial change in circumstances

Nebraska alimony is determined by a “reasonable division of property and a reasonable award of alimony.” The court may consider, among other relevant factors, the circumstances of the parties, the length of the marriage, the contributions of each party to the marriage (including care and education of children and interruption of career or educational opportunities), and the ability of the seeking party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party. Nebraska courts are given significant discretion in determining alimony awards on an individual basis.

Alimony in Nebraska may be modified or terminated if one party proves to the court that there is good cause to warrant a modification or termination. Good cause may be demonstrated by a material and substantial change in circumstances and is evaluated on an individual basis. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Nevada

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but effectively eliminated with the end of fault-based divorce
• Child custody considered: Not addressed by statute (except that child support must not be considered the property of the recipient spouse)
• Termination or modification of alimony: Remarriage, death, or a change in circumstances

A Nevada alimony award will consider factors such as the financial condition of each party, the nature and value of each party’s property, the contribution that each party made to the marital property, the length of the marriage, the incomes, earning capacities, ages, and health of both parties, the standard of living during the marriage, the seeking party’s career before the marriage, any education, training, or skills attained by a party during the marriage, the contribution of a party as homemaker, and any property other than child support and alimony granted in the divorce to the seeking party.

Alimony in Nevada may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. A change of 20 percent or more in the gross monthly income of the paying party is one circumstance under which termination or modification of alimony may be warranted. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies, unless the decree expressly provides otherwise.

New Hampshire

• Marital standard of living considered: Yes (considering the fact that there will be two households to maintain)
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, retirement, death, or a substantial and unforeseeable change in circumstances

New Hampshire alimony is determined based on the parties’ incomes and parenting schedules, but it may vary based on the parties’ health, the degree and duration of financial dependency of one party on the other, the skills, occupations, employment benefits, and future employability of both parties, voluntary unemployment or underemployment of one party, the special needs of minor or adult children of the parties, property awarded in the divorce, the conduct of either party during the marriage, diminution of significant assets by a party, and any other relevant factor.

Alimony in New Hampshire may be modified or terminated if one party proves to the court that there has been a substantial and unforeseeable change in circumstances since the order, there will be no undue hardship on either party, and justice requires a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion and it would be unjust to continue alimony as ordered, if the receiving party remarries, or if either party dies, unless the decree expressly provides otherwise. The obligation to pay alimony may also stop early if the paying party reaches full retirement age or actually retires, whichever is later, unless justice requires that it continue or the parties have agreed otherwise. Alimony that was terminated because of marriage or cohabitation may be reinstated within five years of the termination if the marriage or cohabitation has since ended.

New Jersey

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but generally not unless it was extremely outrageous or depleted marital assets
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, retirement, death, or a change in circumstances

New Jersey alimony factors include actual need and ability to pay, the length of the marriage, the ages and health of the parties, the standard of living during the marriage, the earning capacities, educational levels, vocational skills, and employability of the parties, the length of absence from the job market of the seeking party, parental responsibilities, the time and expense necessary to acquire sufficient education or training for employment, the financial and non-financial contributions of both parties to the marriage, and the tax consequences of alimony, among any other relevant factors.

Alimony in New Jersey may be modified or terminated if one party proves to the court that there has been a change in circumstances or a non-occurrence of expected circumstances that warrants a modification or termination. Reimbursement alimony (awarded when one party supported the other through advanced education) is not modifiable. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries or establishes a civil union, or if either party dies. Recipient parties who remarry must promptly notify the paying party and the collection agency, if applicable, or risk paying attorneys’ fees and costs. Rehabilitative or reimbursement alimony is usually not terminated by remarriage or the establishment of a new civil union. The obligation to pay alimony may also stop early if the paying party reaches full retirement age or actually retires, and the court does not find that it should continue after considering a variety of factors.

New Mexico

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but generally no
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: Death or a change in circumstances

New Mexico alimony (“spousal support”) may consider the ages and health of both parties, the current and future earnings and earning capacities of both parties, the good-faith efforts of each party to maintain employment or become self-supporting, the reasonable needs of both parties (including the standard of living during the marriage, the maintenance of medical insurance for both parties, and the appropriateness of life insurance), the length of the marriage, the amount of property awarded to each party, the type and nature of each party’s assets and liabilities, income produced by property, and any other factors such as agreements between the parties.

Alimony in New Mexico may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances. Lump sum alimony is generally not modifiable.

New York

• Marital standard of living considered: Yes
• Fault considered: No, except in situations involving domestic violence or the dissipation of marital assets to the extent that these are relevant
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial change in circumstances

New York alimony (“maintenance”) is determined by worksheet, but it can be influenced by the ages and health of the parties, the parties’ earning capacities, a party’s need to acquire education or training, child support obligations, wasteful dissipation of marital property, the existence of premarital or pre-divorce households, acts inhibiting the other party’s earning capacity, the cost of medical insurance, obligations to children, tax consequences, the standard of living during the marriage, the lost earning capacity of the seeking party as a result of having forgone or delayed education, training, or employment during the marriage, the distribution of marital property, one party’s contributions to the career of the other, and other relevant factors.

Alimony in New York may be modified or terminated if one party proves to the court that the receiving party is unable to support themselves or there has been a substantial change in circumstances, including financial hardship or actual full or partial retirement of the paying party, that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies.

North Carolina

• Marital standard of living considered: Yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a change in circumstances

A North Carolina alimony determination considers marital misconduct, the relative earnings and earning capacities of both parties, the ages and health of both parties, the earned and unearned incomes of both parties, the length of the marriage, the contribution of one party to the education, training, or increased earning power of the other, the custody of minor children, the standard of living during the marriage, the education of both parties and the time necessary for the seeking party to acquire sufficient education or training for employment, the relative assets and liabilities of the parties, property brought into the marriage, contributions of a homemaker, the needs of the parties, tax consequences of alimony, and any other relevant factor.

Alimony in North Carolina may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies.

North Dakota

• Marital standard of living considered: Not addressed by statute
• Fault considered: Not addressed by statute, but yes according to courts
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: Remarriage, cohabitation, or a material change in circumstances

North Dakota alimony awards are determined by a court on a case-by-case basis and may consider the ages of the parties, each party’s earning ability, the length of the marriage, the conduct of both parties during the marriage, their stations in life, the circumstances and necessities of each party, the parties’ health and physical condition, the parties’ financial circumstances, and assets accumulated before and after the marriage. North Dakota courts focus on the equitable distribution of property and alimony awards as determined by the specific facts of each case.

Alimony in North Dakota may be modified or terminated if one party proves to the court that there has been a material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party has been cohabitating with a partner in a marriage-like fashion for one or more years, or if the receiving party remarries. Recipient parties who remarry must immediately notify the paying party at their last known address. Rehabilitative alimony does not usually terminate upon cohabitation or remarriage. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Ohio

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but possibly
• Child custody considered: Yes
• Termination or modification of alimony: Death or a substantial change in circumstances

Ohio alimony (“spousal support”) considers the incomes of the parties, the earning ability of each party, the ages and health of the parties, retirement benefits, the length of the marriage, whether it would be inappropriate for a party to seek employment because they will be a custodian of a minor child of the marriage, the standard of living during the marriage, the education of the parties, the assets and liabilities of the parties, the contribution of each party to the education, training, or earning ability of the other party, the time and expense necessary for the seeking party to obtain education or training for employment, the tax consequences of alimony, any lost income potential due to marital responsibilities, and other relevant factors.

Alimony in Ohio may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination, and the court is authorized by the decree or a separation agreement to modify or terminate alimony. Ohio considers an increase or involuntary decrease in income, living expenses, or medical expenses to be a change of circumstances, among other things. The obligation to pay alimony may stop early if either party dies, unless the decree or a written agreement expressly provides otherwise.

Oklahoma

• Marital standard of living considered: Not addressed by statute, but generally yes
• Fault considered: Not addressed by statute, but probably not unless it affects the paying spouse’s ability to pay or the recipient spouse’s need
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial and continuing change in circumstances

Oklahoma alimony awards are largely decided on a discretionary basis. Courts may consider factors such as a demonstrated need for alimony during a reasonable readjustment period, the parties’ station in life, the length of the marriage, the ages and health of the parties, the earning capacity and financial means of the parties, their accustomed style of living, evidence of income-producing capacity and the time needed for the post-divorce transition, and ability to pay alimony.

Alimony in Oklahoma may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that makes the existing alimony award unreasonable. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party has been cohabitating with a partner insofar as it has substantially changed the need for support or ability to support, if the receiving party remarries, or if the receiving party dies. However, a recipient who remarries may ask the court to continue alimony so long as they ask within 90 days of their remarriage and can prove that alimony is still necessary and equitable under the circumstances.

Oregon

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but generally not unless it affects one of the statutory factors
• Child custody considered: Yes
• Termination or modification of alimony: Death or a substantial change in circumstances

Oregon alimony (“spousal maintenance”) considers the length of the marriage, the ages and health of the parties, the standard of living during the marriage, the relative incomes and earning capacities of both parties, a party’s training and employment skills, a party’s work experience, the financial needs and resources of each party, the tax consequences to each party, a party’s custodial and child support responsibilities, and any other relevant factors. The court may also award transitional support if a party needs to attain education or training for employment, or compensatory support if one party has significantly contributed to the other’s education, training, vocational skills, career, or earning capacity.

Alimony in Oregon may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. Compensatory spousal support may only be modified when a change in circumstances reduces the paying party’s earning capacity, and the change was involuntary, extraordinary, and unanticipated. The obligation to pay alimony may stop early if either party dies, unless the decree expressly provides otherwise. Alimony terminated due to a change in circumstances may be reinstated if one party proves to the court that the basis for the termination has ceased and reinstatement would be just and equitable.

Pennsylvania

• Marital standard of living considered: Yes
• Fault considered: Yes, except for misconduct following the final separation of the spouses (unless it involved domestic violence)
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial and continuing change in circumstances

Pennsylvania alimony awards are determined by, among other things, the relative earnings and earning capacities of the parties, the ages and health of the parties, the sources of income of both parties, the expectancies and inheritances of both parties, the length of the marriage, the contribution of one party to the other’s education, training, or increased earning power, the extent to which the earning power, expenses, or financial obligations of a party will be affected by serving as the custodial parent, the standard of living during the marriage, the relative education of the parties and the time necessary to acquire sufficient education or training for employment, the assets and liabilities of the parties, and other relevant factors.

Alimony in Pennsylvania may be modified or terminated if one party proves to the court that there has been a substantial and continuing change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, if the receiving party remarries, or if either party dies, unless the decree or a written agreement expressly provides otherwise.

Rhode Island

• Marital standard of living considered: Yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage or a substantial change in circumstances

Rhode Island awards alimony according to the length of the marriage, the conduct of the parties during the marriage, the health and ages of the parties, the occupation of each party, amounts and all sources of income of the parties, each party’s vocational skills and employability, the state, liabilities, and needs of the parties, the extent to which a party is unable to support themselves due to child custody, absence from employment due to homemaking responsibilities, the time and expense required to acquire appropriate education or training for employment, the probability of becoming self-supporting, the standard of living during the marriage, the paying party’s ability to pay, and other relevant factors.

Alimony in Rhode Island may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries.

South Carolina

• Marital standard of living considered: Yes
• Fault considered: Yes, with some narrow exceptions
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a change in circumstances

South Carolina alimony considers the length of the marriage, the ages and health of the parties, the education of the parties, a party’s need for more education or training to achieve their income potential, the employment history and earning potential of each party, the standard of living during the marriage, the current and reasonably anticipated earnings of both parties, the current and reasonably anticipated expenses and needs of both parties, marital and non-marital property, custody of the children, marital misconduct, the tax consequences of alimony, any support obligations from a prior marriage, and other relevant factors.

Alimony in South Carolina may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. Retirement may qualify as a sufficient change in circumstances. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a romantic relationship for at least 90 consecutive days, if the receiving party remarries, or if either party dies, unless the decree or a written agreement expressly provides otherwise. Lump sum alimony is generally not affected by remarriage, the death of the paying party, or a change in circumstances. Reimbursement alimony is generally not modifiable based on a change in circumstances.

South Dakota

• Marital standard of living considered: Not addressed by statute, but yes according to courts
• Fault considered: Not addressed by statute, but yes according to courts
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: A change in circumstances

While South Dakota alimony factors are not explicitly laid out in statutes, case law defines them as the length of the marriage, the respective earning capacities of the parties, their respective financial condition after the division of property, the ages and health of the parties, their stations in life or social standing, and the relative fault in the termination of the marriage. A court will also consider the seeking party’s forgone education and employment opportunities during the marriage, the length of absence from the job market, and the skills and time necessary to become self-sufficient.

Alimony in South Dakota may be modified or terminated if one party proves to the court that there has been a change in circumstances that warrants a modification or termination. Remarriage may be a change in circumstances sufficient to terminate alimony.

Tennessee

• Marital standard of living considered: Yes
• Fault considered: Yes, at the discretion of the court
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial and material change in circumstances

Tennessee alimony considers the earning capacity, obligations, needs, and financial resources of each party, the education and training of each party, the length of the marriage, the ages and health of the parties, the extent to which it would be undesirable for a party to seek employment outside the home due to custody obligations, the separate assets of each party, the provisions made with regard to the marital property, the standard of living during the marriage, the extent to which the parties have made tangible and intangible contributions to the marriage, the relative fault of the parties, and other relevant factors.

Alimony in Tennessee may be modified or terminated if one party proves to the court that there has been a substantial and material change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a way that suggests that they do not need support, if the receiving party remarries, or if either party dies. The obligation to pay rehabilitative and transitional alimony may stop early if either party dies. The obligation to pay transitional alimony may also stop early in some cases of cohabitation, but is otherwise generally not modifiable. Lump sum alimony is generally not modifiable or affected by death or remarriage. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Texas

• Marital standard of living considered: Not addressed by statute
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a material and substantial change in circumstances

Texas alimony (“maintenance”) factors include each party’s ability to provide for their minimum reasonable needs, the education and employment skills of each party, the length of the marriage, the age and health of the seeking party, the employment history and earning ability of the seeking party, the effect of child support payments, the destruction, concealment, or fraudulent disposition of marital property, the contribution of one party to the education, training, or increased earning power of the other, the property brought into the marriage by either party, the contribution of a party as a homemaker, marital misconduct, and any history or pattern of family violence.

Alimony in Texas may be modified or terminated if one party proves to the court that there has been a material and substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a continuous dating or romantic relationship, if the receiving party remarries, or if either party dies.

Utah

• Marital standard of living considered: Generally yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a substantial and material change in circumstances

Utah alimony considers the financial condition and needs of the seeking party, the seeking party’s earning capacity (including the diminished workplace experience resulting from primary care of a child of the paying party), the ability of the paying party to provide support, the length of the marriage, whether the seeking party has custody of a minor child requiring support, whether the seeking party worked in a business owned or operated by the paying party, and whether the seeking party directly contributed to any increase in the paying party’s skill by paying for or enabling the paying party to receive education. The court may consider fault and the marital standard of living, as well as other factors.

Alimony in Utah may be modified or terminated if one party proves to the court that there has been a substantial and material change in circumstances that warrants a modification or termination. Retirement may qualify as a substantial and material change in circumstances. The obligation to pay alimony may stop early if the receiving party remarries or dies. The obligation to pay alimony may also stop early if the paying party proves to the court that the receiving party is cohabitating with a partner in a marriage-like fashion, but only if the paying party seeks termination no later than one year from the date when they knew or should have known of the cohabitation. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Vermont

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but effectively no
• Child custody considered: Yes
• Termination or modification of alimony: A real, substantial, and unanticipated change in circumstances

Vermont alimony (“maintenance”) is determined based on the financial resources of the seeking party (as well as the property apportioned to that party and their ability to meet their own needs independently), the extent to which an award of child support accounts for the seeking party as custodian, the time and expense necessary to acquire sufficient education or training for employment, the standard of living during the marriage, the length of the marriage, the ages and health of the parties, the ability of the paying party to meet their own reasonable needs while paying alimony, inflation with relation to cost of living, and the impact of retirement benefits. Vermont’s statute also contains an alimony formula.

Alimony in Vermont may be modified or terminated if one party proves to the court that there has been a real, substantial, and unanticipated change in circumstances that warrants a modification or termination. Remarriage must substantially improve a party’s financial security in order to justify modification or termination of alimony.

Virginia

• Marital standard of living considered: Yes
• Fault considered: Yes (to the extent that it is necessary to consider the equities between the parties)
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, cohabitation, death, or a material change in circumstances

Virginia alimony (“support and maintenance”) is awarded based on the circumstances of the divorce and any fault of the parties, the obligations, needs, and financial resources of the parties, the standard of living during the marriage, the length of the marriage, the ages and health of the parties, whether it would be inappropriate for a party to be employed outside the home due to children, monetary and non-monetary contributions of each party, the property interests of each party, the earning capacities of the parties, the time and cost of appropriate education or training for enhanced earning ability, the marriage’s effect on present and future earning potential, each party’s contributions to the career of the other, and other relevant factors.

Alimony in Virginia may be modified or terminated if one party proves to the court that there has been a material change in circumstances or a non-occurrence of expected circumstances that warrants a modification or termination. A paying party reaching full retirement age may qualify as a material change in circumstances. The obligation to pay alimony may stop early if the paying party proves to the court that the receiving party has been cohabitating with a partner in a marriage-like fashion for at least a year, unless the decree or a written agreement provides otherwise or the receiving party proves that termination would be unconscionable. The obligation to pay alimony may also stop early if the receiving party remarries or if either party dies. Recipient parties who remarry must notify the paying party immediately or risk paying attorneys’ fees, costs, and reimbursement with interest to the paying party. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Washington

• Marital standard of living considered: Yes
• Fault considered: No
• Child custody considered: Not addressed by statute (but child support is considered)
• Termination or modification of alimony: Remarriage, death, or a substantial change in circumstances

Washington alimony (“maintenance”) is determined by evaluating the financial resources of the seeking party (including receipt of child support payments), the time necessary to acquire sufficient education or training for employment, the standard of living during the marriage, the length of the marriage, the age and health of the seeking party, and the ability of the paying party to meet their own needs while making alimony payments. Washington explicitly does not consider misconduct in an alimony award, but it considers all other relevant factors to make a fair and just determination.

Alimony in Washington may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries or registers a new domestic partnership, or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Washington, D.C.

• Marital standard of living considered: Yes, while considering the fact that there will be two households to maintain
• Fault considered: Yes (“circumstances which contributed to the estrangement of the parties”)
• Child custody considered: Not addressed by statute (but child support may be considered)
• Termination or modification of alimony: A substantial and material change in circumstances

A Washington, D.C. alimony award considers the ability of the seeking party to support themselves, the time necessary for the seeking party to gain sufficient education or training for employment, the standard of living during the marriage, the length of the marriage, the circumstances surrounding the termination of the marriage, the parties’ ages and health, the paying party’s ability to maintain financial stability while paying alimony, and the financial needs and resources of each party (including actual or potential income, assets, child support, financial obligations, retirement benefits, and taxes), among other factors.

Alimony in Washington, D.C. may be modified or terminated if one party proves to the court that there has been a substantial and material change in circumstances that warrants a modification or termination.

West Virginia

• Marital standard of living considered: Yes
• Fault considered: Yes
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial change in circumstances

West Virginia alimony (“spousal support”) is decided based on a myriad of factors, including the length of the marriage, the period of time for which the parties lived together during the marriage, the present employment incomes and recurring earnings of the parties, the income-earning abilities of each party, the distribution of marital property, the ages and health of the parties, the education of the parties, the standard of living during the marriage, any contribution by one party to the other’s education, training, vocational skills, career, or earning capacity, the costs of educating minor children, the cost of health care for the parties and their children, and any other relevant factors.

Rehabilitative alimony in West Virginia may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Rehabilitative support will not terminate upon remarriage during the first four years of the rehabilitative period. Spousal support in gross may continue beyond remarriage or death. Rehabilitative support may terminate upon the receiving party’s death, but it may not terminate upon the paying party’s death unless the estate is likely to be insufficient to meet other obligations or continuation would be inequitable. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Wisconsin

• Marital standard of living considered: Yes
• Fault considered: Not addressed by statute, but effectively no
• Child custody considered: Yes
• Termination or modification of alimony: Remarriage, death, or a substantial change in circumstances

Wisconsin alimony (“maintenance”) considers the length of the marriage, the ages and health of the parties, the division of property, the education levels of the parties at both the time of marriage and the time of action, the earning capacity of the seeking party, the feasibility of the seeking party to become self-supporting at a standard of living similar to that of the marriage, the tax consequences of alimony, any mutual agreements between the parties, the contribution of one party to the other’s education, training, or increased earning power, and other relevant factors.

Alimony in Wisconsin may be modified or terminated if one party proves to the court that there has been a substantial change in circumstances that warrants a modification or termination. The obligation to pay alimony may stop early if the receiving party remarries or if either party dies. Parties may agree or the decree may provide that alimony is not modifiable or terminable under certain circumstances.

Wyoming

• Marital standard of living considered: Not addressed by statute
• Fault considered: Not addressed by statute, but possibly as long as the court does not issue alimony for punitive purposes
• Child custody considered: Not addressed by statute
• Termination or modification of alimony: A material and substantial change in circumstances

Wyoming alimony factors are not explicitly addressed in statutes, and Wyoming courts generally disfavor alimony in favor of awarding fair and equitable divisions of marital property. Wyoming courts awarding alimony in special circumstances in which property awards cannot be made equal will consider the ability of the paying party to pay support and the necessity of support for the receiving party. The court will consider all financial matters as a whole, including child support and the division of property.

Alimony in Wyoming may be modified or terminated if one party proves to the court that there has been a material and substantial change in circumstances that warrants a modification or termination.

Last reviewed January 2023