Appendix: How Much Is Alimony in Your State?
For an overview of the study and its findings, visit the study's main page. Find details on our methods below.
Study details
The results are estimates, designed to spur conversation and not to predict alimony for a particular case. The study did not account for financial variables like tax exemptions and health insurance premiums.
The formulas we used for California, Pennsylvania and Virginia are for alimony while a divorce is processing (called temporary alimony or pendente lite alimony). These states don't have a formula for alimony after a divorce has been finalized.
We excluded Massachusetts from the study. Although its divorce code provides a guideline alimony formula, some judges don't consider income used in a child support calculation, making alimony unpredictable in divorces involving minor children.
We also excluded Maryland. The "Kauffman" formula popular there is so complex that it requires software. Its results change based on variables this study did not consider.
We rounded to the nearest dollar, and we rounded partial months down.
Assumptions
| Assumption | Reasoning |
Wife makes:
|
Median for opposite-sex marriages, per Pew research Gross-to-annual conversion done with an online calculator |
Husband makes:
|
Median for opposite-sex marriages, per Pew research Gross-to-annual conversion done with an online calculator |
Two kids under 18 (and none from other relationships) | Average for a U.S. family, per Statista research |
50/50 physical custody | Because most courts prefer to give parents as much time with the children as possible |
Marriage lasted eight years | Widely cited as the average length of a first marriage ending in divorce |
Husband is 42 years and 7 months old Wife is 40 years and 1 month old |
Median ages at first divorce, per Bowling Green State University research |
High school diplomas only | The most-common level of educational attainment among U.S. adults, per Census Bureau data |
No disabilities | Most likely |
No other alimony for previous divorces | Data above assumed this to be the first divorce |
No child support for other case or ordered in this case already | Data above assumed no other children |
Arizona
Sources
Arizona Supreme Court guidelines
Maricopa County calculator for statewide use
Amount
We entered this data into the calculator:
- Date of marriage: Today
- Date of service of process: 8 years ago from today
- Family size: 4
- Party A annual actual spousal maintenance income: $65,000
- Party B annual actual spousal maintenance income: $35,000
The result was $458 to $778. The median is $618.
Duration
The calculator and guidelines say 6 to 48 months. The median is 27 months.
California
Amount
Source
California Courts guide to temporary spousal support (no formula provided for a long-term amount)
Formula
40% higher earner's net monthly income – 50% lower earner's net monthly income
Calculation
$4,146 x 40% = $1,658
$2,077 x 50% = $1,039
$1,658 – $1,039 = $619
Duration
Source
California Courts guide to long-term spousal support
Formula
"For marriages less than ten years, support will last half the length of the marriage."
Calculation
96 months x 50% = 48 months
Colorado
Sources
Amount
Formula
40% of the higher gross monthly income – 50% of the lower gross monthly income
When added to the gross income of the recipient, it shall not result in the recipient receiving in excess of 40% of the parties' combined monthly adjusted gross income.
Calculation
- $5,417 x 40% = $2,167
- $2,917 x 50% = $1,459
- $2,167 – $1,459 = $708
Next, we determined 40% of the combined gross income:
- $5,417 + $2,917 = $8,334
- $8,334 x 40% = $3,334
Finally, we determined how much alimony the wife could receive without going over 40% of the combined gross income:
- $3,334 – $2,917 (wife's income) = $417
Duration
According to the table in the statutes, 96 months of marriage equates to 39 months of spousal maintenance.
Florida
Source
Amount
Formula
An amount not to exceed 35% of the difference between the parties' net incomes
Calculation
- $4,146 – $2,077 = $2,069
- $2,069 x 35% = $724 (maximum)
Duration
Formula
"There is a rebuttable presumption that a short-term marriage is a marriage having a duration of less than 10 years. ... An award of durational alimony may not exceed 50 percent of the length of a short-term marriage."
Calculation
96 months x 50% = 48 months (maximum)
Illinois
Source
Amount
Formula
33 ⅓% of the payor's net annual income – 25% of the payee's net annual income
However, when added to the net income of the payee, it shall not result in the payee receiving an amount greater than 40% of the combined net income.
Calculation
- $49,754 x 33.3% = $16,568
- $24,923 x 25% = $6,231
- $16,568 – $6,231 = 10,337
Next, we determined 40% of the combined net income:
- $49,754 + $24,923 = $74,677
- $74,677 x 40% = $29,871
Finally, we determined how much alimony the wife could receive without going over 40% of the combined gross income:
- $29,871 – $24,923 = $4,948
- $4,948 / 12 = $412
Duration
Formula
For a marriage 8 years or more but less than 9 years, multiplying the length by .36
Calculation
96 months of marriage x .36 = 34 months
Kansas
Source
Worksheet provided by Johnson County, Kansas' biggest county
Amount
Formula
25% of the difference in the spouses' gross incomes
Calculation
- $65,000 – $35,000 = $30,000
- $30,000 x 25% = $7,500
- $7,500 / 12 = $625
Duration
Formula
One-third of the total duration of the marriage, to a max of 121 months
Calculation
96 months / 3 = 32 months
Louisiana
Source
Amount
Formula
Alimony can't exceed ⅓ of the payor's net income.
Calculation
$4,146 x 33.3% = $1,381 (maximum)
Duration
Formula
No formula for final periodic support
Nevada
Sources
Many law blogs, such as Willick Law Group and Family Law Solutions, say judges regularly use the "Tonopah" formula. We used the gross version.
Amount
Formula
- Calculate the difference in gross incomes (subtracting child support from the obligee)
- Add up the following appropriate percentages:
- .75% for each additional year of marriage after 5 years
- 5% if high school education
- .375% for each year of age of the obligee which exceeds the age of 30
- Multiply that cumulative percentage (up to 50%) by the difference in gross incomes
Calculation
Dad's gross income minus child support (calculated with the child support worksheet)
- $5,417 – $550 = $4,867
Difference in gross incomes
- $4,867 – $2,917 = $1,950
Percentages to multiply by
- Marriage lasted 8 years: .75 x 3 = 2.25%
- Wife has high school degree: 5%
- Wife is 40 years old: .375 x 10 = 3.75%
- Total percentage: 2.25 + 5 + 3.75 = 11%
$1,950 x 11% = $215
Duration
Formula
Add up the following:
- .375 years for each additional year of marriage after 5 years
- 1.5 years if high school education
- .1 years for each year of age of the obligee which exceeds the age of 30
Calculation
Marriage lasted 8 years: .375 x 3 = 1.1 years
Wife has high school degree: 1.5 years
Wife is 40 years old: .1 x 10 = 1 year
Total percentage: 1.1 + 1.5 + 1 = 3.6 years x 12 = 43 months
New Hampshire
Source
Amount
Formula
The lesser of the payee's reasonable need and 23% of the difference between the parties' gross incomes
Calculation
$5,417 – $2,917 = $2,500
$2,500 x 23% = $575 (maximum)
Duration
Formula
The maximum duration shall be 50 percent of the length of the marriage.
Calculation
96 months x 50% = 48 months (maximum)
New Jersey
Sources
Multiple attorney websites, such as Berg & Pearson and Jacobs Berger
Amount
Formula
20 to 25% of the difference between gross monthly incomes
Calculation
$5,417 – $2,917 = $2,500
$2,500 x 20% = $500
$2,500 x 25% = $625
Midpoint between $500 and $625 is $563.
Duration
No formula for duration
New Mexico
Sources
Official guidelines and worksheet
Amount
Formula
28% of payor's gross monthly income – 58% of recipient's gross monthly income
If negative, no alimony is awarded.
Calculation
$5,417 x 28% = $1,517
$2,917 x 58% = $1,692
$1,517 – $1,692, = -$175
Since it's negative, no alimony would be awarded.
Duration
No formula for duration
New York
Source
Amount
Formula
The lesser of:
- 20% of payor's net annual income – 25% of payee's net annual income
- 40% of combined net income – payee's net annual income
Calculation
- $49,754 x 20% = $9,951
- $24,923 x 25% = $6,231
- $9,951 – $6,231 = $3,720
- $3,720 / 12 = $310
Next, we determined 40% of the combined net income and subtracted the wife's net income:
- $49,754 + $24,923 = $74,677
- $74,677 x 40% = $29,871
- $29,871 – $24,923 = $4,948
- $4,948 / 12 = $412
The lesser of the two results is $310.
Duration
Formula
For a marriage lasting up to 15 years, maintenance lasts 15% to 30% of the length of the marriage.
Calculation
- 96 months x 15% = 14 months
- 96 months x 30% = 28 months
- Midpoint is 21 months
Pennsylvania
Source
Amount
Formula
25% of payor's monthly net income – 30% of payee's monthly net income
Calculation
$4,146 x 25% = $1,037
$2,077 x 30% = $623
$1,037 – $623 = $414
Duration
No formula for duration
Texas
Source
Amount
Rule
"The court may order maintenance for either spouse only if the spouse seeking maintenance … has been married to the other spouse for 10 years or longer."
Calculation
$0
Duration
Irrelevant
Vermont
Source
Amount
Formula
For a marriage from 5 to 10 years, 12–29% of the difference between parties' gross incomes
Calculation
- $5,417 – $2,917 = $2,500
- $2,500 x 12% = $300
- 2,500 x 29% = $725
- Midpoint is $513
Duration
Formula
For a marriage from 5 to 10 years, 20–50% of the length of the marriage
Calculation
- 96 months x 20% = 19 months
- 96 months x 50% = 48 months
- Midpoint is 33 months
Virginia
Source
Amount
Formula
26% payor's gross monthly income – 58% payee's gross monthly income
Calculation
$5,417 x 26% = $1,408
$2,917 x 58% = $1,692
$1,408 – $1,692 = -$284
Since it's negative, no alimony would be awarded.
Duration
Irrelevant
Acknowledgments
Attorney Susan Rossi Cook explained the unpredictability of Massachusetts alimony when child support is involved.
Electra Massey, court clerk, provided the alimony worksheet for Johnson County, KS.
Thank you to both.