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

  • Marital standard of living considered: Yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

Alabama Alimony Forms and Resources

Alaska

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Alaska Alimony Forms and Resources

Arizona

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Arizona Alimony Forms and Resources

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)

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.

Arkansas Alimony Forms and Resources

California

  • Marital standard of living considered: Yes
  • Fault considered: Generally not, unless a spouse committed domestic violence
  • Child custody considered: Yes

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.

California Alimony Forms and Resources

Colorado

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Colorado Alimony Forms and Resources

Connecticut

  • Marital standard of living considered: Not addressed by statute, but generally yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

Connecticut Alimony Forms and Resources

Delaware

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Delaware Alimony Forms and Resources

District of Columbia

  • 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)

A District of Columbia 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.

District of Columbia Alimony Forms and Resources

Florida

  • Marital standard of living considered: Yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

Florida Alimony Forms and Resources

Georgia

  • Marital standard of living considered: Yes
  • Fault considered: Yes
  • Child custody considered: Not addressed by statute

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.

Georgia Alimony Forms and Resources

Hawaii

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Hawaii Alimony Forms and Resources

Idaho

  • Marital standard of living considered: Not addressed by statute
  • Fault considered: Yes
  • Child custody considered: Not addressed by statute

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.

Idaho Alimony Forms and Resources

Illinois

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Illinois Alimony Forms and Resources

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

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.

Indiana Alimony Forms and Resources

Iowa

  • Marital standard of living considered: Yes
  • Fault considered: Not addressed by statute, but no according to courts
  • Child custody considered: Yes

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.

Iowa Alimony Forms and Resources

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

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, but parties can agree to a longer term by choice.

Kansas Alimony Forms and Resources

Kentucky

  • Marital standard of living considered: Yes
  • Fault considered: Not addressed by statute, but generally no
  • Child custody considered: Yes

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.

Kentucky Alimony Forms and Resources

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

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.

Louisiana Alimony Forms and Resources

Maine

  • Marital standard of living considered: Yes
  • Fault considered: No, except for economic misconduct that depleted marital assets
  • Child custody considered: Not addressed by statute (but child support considered)

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, 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.

Maine Alimony Forms and Resources

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

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.

Maryland Alimony Forms and Resources

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)

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.

Massachusetts Alimony Forms and Resources

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

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.

Michigan Alimony Forms and Resources

Minnesota

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Minnesota Alimony Forms and Resources

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

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.

Mississippi Alimony Forms and Resources

Missouri

  • Marital standard of living considered: Yes
  • Fault considered: Yes (“the conduct of the parties during the marriage”)
  • Child custody considered: Yes

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.

Missouri Alimony Forms and Resources

Montana

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Yes

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.

Montana Alimony Forms and Resources

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

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.

Nebraska Alimony Forms and Resources

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)

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.

Nevada Alimony Forms and Resources

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

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.

New Hampshire Alimony Forms and Resources

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

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.

New Jersey Alimony Forms and Resources

New Mexico

  • Marital standard of living considered: Yes
  • Fault considered: Not addressed by statute, but generally no
  • Child custody considered: Not addressed by statute

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.

New Mexico Alimony Forms and Resources

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

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.

New York Alimony Forms and Resources

North Carolina

  • Marital standard of living considered: Yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

North Carolina Alimony Forms and Resources

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

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.

North Dakota Alimony Forms and Resources

Ohio

  • Marital standard of living considered: Yes
  • Fault considered: Not addressed by statute, but possibly
  • Child custody considered: Yes

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.

Ohio Alimony Forms and Resources

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

Oklahoma alimony awards are largely decided on a discretionary basis. Courts may consider expectant future inheritances, future earning capacity, ability to pay alimony, the seeking party’s contribution to the marital wealth, “whether the marriage was one of affection or convenience,” current earning capacities, the seeking party’s condition and means, the length of the marriage, the ages of the parties, the health of the seeking party, the standard of living during the marriage, the conduct of the parties, and the seeking party’s ability to gain employment, among other considerations.

Oklahoma Alimony Forms and Resources

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

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.

Oregon Alimony Forms and Resources

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

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 expectant 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.

Pennsylvania Alimony Forms and Resources

Rhode Island

  • Marital standard of living considered: Yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

Rhode Island Alimony Forms and Resources

South Carolina

  • Marital standard of living considered: Yes
  • Fault considered: Yes, with some narrow exceptions
  • Child custody considered: Yes

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.

South Carolina Alimony Forms and Resources

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

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.

South Dakota Alimony Forms and Resources

Tennessee

  • Marital standard of living considered: Yes
  • Fault considered: Yes, at the discretion of the court
  • Child custody considered: Yes

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.

Tennessee Alimony Forms and Resources

Texas

  • Marital standard of living considered: Not addressed by statute
  • Fault considered: Yes
  • Child custody considered: Yes

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.

Texas Alimony Forms and Resources

Utah

  • Marital standard of living considered: Generally yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

Utah Alimony Forms and Resources

Vermont

  • Marital standard of living considered: Yes
  • Fault considered: Not addressed by statute, but effectively no
  • Child custody considered: Yes

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.

Vermont Alimony Forms and Resources

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

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.

Virginia Alimony Forms and Resources

Washington

  • Marital standard of living considered: Yes
  • Fault considered: No
  • Child custody considered: Not addressed by statute (but child support is considered)

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.

Washington Alimony Forms and Resources

West Virginia

  • Marital standard of living considered: Yes
  • Fault considered: Yes
  • Child custody considered: Yes

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.

West Virginia Alimony Forms and Resources

Wisconsin

  • Marital standard of living considered: Yes
  • Fault considered: Not addressed by statute, but effectively no
  • Child custody considered: Yes

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.

Wisconsin Alimony Forms and Resources

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

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 earning potential of each party, the time necessary for the seeking party to reach their reasonable potential income, the difference between the incomes of the parties, the parties’ education and vocational skills, child care responsibilities, and other factors that the court considers relevant.

Wyoming Alimony Forms and Resources

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