Alimony laws by state

Alimony is set by state law: most states leave it to a judge weighing factors, and 11 states set it by formula or guideline. Pick your state to see how its courts set alimony (also called spousal maintenance or spousal support), how long it lasts, and whether a prenup can change it. Every rule links to the statute it comes from.

Your state's alimony rules

Choose a state above and its rules appear here.

How a prenup changes alimony

Without a prenup, alimony is decided under your state's statute at the time of a divorce. A prenup lets the two of you decide ahead of time instead: waive alimony, cap it, set a formula or a schedule tied to the length of the marriage, expand rights in certain instances, or leave it to state law on purpose. In most states a court can still set aside an alimony term that would leave one spouse needing public assistance, and some states look again at fairness when the agreement is enforced, so the terms need to fit your state's rules above.

First's Self-Serve prenup asks you both about alimony as part of the questionnaire and drafts the terms for your state. In states where an alimony waiver needs each partner to have their own lawyer, Lawyer Review pairs each of you with an attorney who reviews the agreement and can add custom terms. You can start your prenup online and work through the alimony question together.

What to know

  • Without a prenup, a judge typically decides whether to award spousal support and how much by weighing a list of factors, such as the length of the marriage, each spouse's income and earning capacity, and the standard of living during the marriage.
  • Many states, including Arizona, Colorado, Florida, Illinois, Louisiana, Massachusetts, New Hampshire, New York, Texas, Vermont and Virginia, have a formula or numeric guideline for spousal support in statute or court guidelines, though several use it only as a starting point.
  • In a majority of jurisdictions, a state statute explicitly lets a prenup modify or waive spousal support, usually with an exception when a waiver would leave a spouse needing public assistance. In other states, independent counsel is required to make a waiver enforceable in court, or the judge may overpower the prenup to make their own spousal support determination.
  • States use different words for the same thing: alimony, spousal support, maintenance or spousal maintenance.
  • First is not a law firm. State laws change. Confirm current rules with a licensed attorney in your state.

Alimony laws by state at a glance

What each state calls it, how the amount is set, and whether a prenup can waive it, with the statute.

State Called How the amount is set Prenup waiver Statute
Alabama alimony Decided case by case No waiver statute found Ala. Code § 30-2-57
Alaska maintenance Decided case by case No waiver statute found AS 25.24.160(a)(2)
Arizona spousal maintenance Set by a formula Can waive or change it A.R.S. § 25-319
Arkansas alimony Decided case by case Can waive or change it Ark. Code Ann. § 9-12-312 (text as reproduced in the Arkansas Judiciary's Domestic Relations Benchbook 2022)
California spousal support Decided case by case Can waive or change it, with conditions Cal. Fam. Code § 4320
Colorado maintenance Guided by a numeric guideline Can waive or change it, with conditions C.R.S. § 14-10-114 (2024 official publication)
Connecticut alimony Decided case by case Can waive or change it, with conditions Conn. Gen. Stat. § 46b-82
Delaware alimony Decided case by case Can waive or change it Del. Code tit. 13, § 1512
District of Columbia alimony Decided case by case Can waive or change it D.C. Code § 16-913
Florida alimony Guided by a numeric guideline Can waive or change it Fla. Stat. § 61.08
Georgia alimony Decided case by case Can waive or change it Ga. Code § 19-6-1
Hawaii spousal support and maintenance Decided case by case Can waive or change it HRS § 580-47
Idaho maintenance Decided case by case Can waive or change it Idaho Code § 32-705
Illinois maintenance Set by a formula Can waive or change it, with conditions 750 ILCS 5/504
Indiana maintenance Decided case by case Can waive or change it, with conditions Ind. Code § 31-15-7-2
Iowa spousal support Decided case by case Waivers generally not enforceable Iowa Code § 598.21A
Kansas maintenance Decided case by case Can waive or change it K.S.A. § 23-2902
Kentucky maintenance Decided case by case No waiver statute found KRS § 403.200
Louisiana spousal support Guided by a numeric guideline No waiver statute found La. Civ. Code art. 111
Maine spousal support Decided case by case Can waive or change it 19-A M.R.S. § 951-A
Maryland alimony Decided case by case Can waive or change it Md. Code, Fam. Law § 11-106
Massachusetts alimony Guided by a numeric guideline No waiver statute found M.G.L. ch. 208, § 53
Michigan alimony Decided case by case No waiver statute found MCL § 552.13
Minnesota maintenance Decided case by case Can waive or change it, with conditions Minn. Stat. § 518.552
Mississippi alimony Decided case by case No waiver statute found Miss. Code § 93-5-23 (as amended by 2023 H.B. 1149, § 79)
Missouri maintenance Decided case by case No waiver statute found RSMo § 452.335
Montana maintenance Decided case by case Can waive or change it MCA § 40-4-203
Nebraska alimony Decided case by case Can waive or change it Neb. Rev. Stat. § 42-365
Nevada alimony Decided case by case Can waive or change it NRS § 125.150
New Hampshire alimony Set by a formula No waiver statute found RSA 458:19-a
New Jersey alimony Decided case by case Can waive or change it, with conditions N.J.S.A. 2A:34-23 (as amended by P.L.2014, c.42)
New Mexico spousal support Decided case by case Waivers generally not enforceable NMSA 1978, § 40-4-7
New York maintenance Set by a formula Can waive or change it, with conditions N.Y. Dom. Rel. Law § 236(B)(6)
North Carolina alimony Decided case by case Can waive or change it N.C.G.S. § 50-16.3A
North Dakota spousal support Decided case by case Can waive or change it, with conditions N.D.C.C. § 14-05-24.1
Ohio spousal support Decided case by case No waiver statute found Ohio Rev. Code § 3105.18
Oklahoma alimony Decided case by case No waiver statute found 43 O.S. § 121
Oregon spousal support Decided case by case Can waive or change it ORS 107.105(1)(d)
Pennsylvania alimony Decided case by case No waiver statute found 23 Pa.C.S. § 3701
Rhode Island alimony Decided case by case Can waive or change it R.I. Gen. Laws § 15-5-16
South Carolina alimony Decided case by case No waiver statute found S.C. Code § 20-3-130
South Dakota support Decided case by case No waiver statute found SDCL § 25-4-41
Tennessee alimony Decided case by case No waiver statute found Tenn. Code Ann. § 36-5-121 (as enacted by 2005 Tenn. Pub. Acts ch. 287, § 2; later amendments, including 2022 Pub. Ch. 762, not fully checked)
Texas maintenance Guided by a numeric guideline Can waive or change it Tex. Fam. Code §§ 8.051, 8.054, 8.055, 8.056
Utah alimony Decided case by case Can waive or change it Utah Code § 81-4-502
Vermont maintenance Guided by a numeric guideline No waiver statute found 15 V.S.A. § 752
Virginia spousal support Guided by a numeric guideline Can waive or change it Va. Code § 20-107.1
Washington maintenance Decided case by case No waiver statute found RCW 26.09.090
West Virginia spousal support Decided case by case Can waive or change it, with conditions W. Va. Code § 48-8-101
Wisconsin maintenance Decided case by case Can waive or change it Wis. Stat. § 767.56
Wyoming alimony Decided case by case No waiver statute found Wyo. Stat. §§ 20-2-114, 20-2-116

Alimony rules in all 50 states and D.C.

Each state's rules in plain English, with the statute behind them and the date we last checked it.

Alabama Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

A court awards rehabilitative or periodic alimony only if one spouse's separate estate can't preserve the marital economic status quo, the other can pay without undue hardship, and it's equitable. Fault, marriage length and earning prospects are weighed.

How long it lasts

Rehabilitative alimony generally lasts up to five years. Periodic alimony generally can't exceed the length of the marriage, with no time limit after 20 or more years. Courts may deviate when equity requires.

Prenups and alimony

No Alabama statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Alabama.

Also in Alabama

Periodic alimony must be ended on petition if the receiving spouse remarries or is cohabiting with another person.

Sources

Writing a prenup in Alabama? See First's Alabama prenup.

Alaska Maintenance · Decided case by case · Prenup: no waiver statute found

How maintenance is set

A court may award maintenance as it finds necessary, regardless of fault, weighing marriage length and station in life, age and health, earning capacity, financial condition, conduct including depletion of assets, and the property division.

How long it lasts

Discretionary. Maintenance may be for a limited or indefinite period, paid in gross or in installments. The statute sets no formula or cap.

Prenups and maintenance

No Alaska statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Alaska.

Also in Alaska

Maintenance must fairly allocate the economic effect of divorce, and the court weighs it together with the property division.

Sources

Writing a prenup in Alaska? See First's Alaska prenup.

Arizona Spousal maintenance · Set by a formula · Prenup: can waive or change it

How spousal maintenance is set

First the spouse must qualify under one of five grounds, such as lacking property or earning ability. The court then applies Supreme Court guidelines and a calculator that produce an amount range, and may deviate only with written findings.

How long it lasts

Guideline ranges run from 3 to 12 months for marriages under 2 years up to 144 months or half the marriage, whichever is greater, at 16+ years. Some long marriages get open duration.

Prenups and spousal maintenance

A prenup may modify or eliminate spousal maintenance. If that would leave a spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid it.

Also in Arizona

Maintenance orders are made without regard to marital misconduct. The guidelines say Arizona has no lifetime awards.

Arkansas Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

When a divorce decree is entered, the court orders alimony, if applicable, that is reasonable given the parties' circumstances. Courts weigh mainly one spouse's need and the other's ability to pay, and use no formula.

How long it lasts

No set length. Alimony can be permanent or rehabilitative. Rehabilitative alimony is paid in fixed installments for a specified period, and the court may ask for a rehabilitation plan.

Prenups and alimony

A prenup may modify or eliminate spousal support. If that would leave your spouse eligible for public assistance at separation or divorce, a court may still order support to the extent needed to avoid it.

Also in Arkansas

Unless the court orders or you agree otherwise, alimony ends automatically on the recipient's remarriage, on full-time cohabitation in an intimate relationship, or on either party's death.

California Spousal support · Decided case by case · Prenup: can waive or change it, with conditions

How spousal support is set

The court weighs a list of statutory circumstances, including each party's earning capacity against the marital standard of living, ability to pay, needs, marriage length, age and health, documented domestic violence, and tax consequences. No statewide formula for permanent support.

How long it lasts

For marriages that are not long, a reasonable period to become self-supporting is generally half the marriage length. Marriages of 10+ years are presumed long, and the court may keep jurisdiction indefinitely.

Prenups and spousal support

A prenup can limit or waive spousal support, but the provision can't be enforced against a partner who didn't have independent counsel when signing, or if it's unconscionable at enforcement. In practice, each of you needs your own lawyer.

Also in California

A spouse convicted of certain violent or domestic violence felonies against the other spouse is barred from receiving spousal support from that spouse.

Sources

Writing a prenup in California? See First's California prenup.

Colorado Maintenance · Guided by a numeric guideline · Prenup: can waive or change it, with conditions

How maintenance is set

For marriages of 3+ years with combined income up to $240,000, an advisory guideline starts at 40% of combined monthly adjusted gross income minus the lower earner's income, reduced to 80% or 75% for most non-deductible awards. Guidelines aren't presumptive.

How long it lasts

An advisory term table covers marriages of 3 to 20 years. Past 20 years the court may order a set term or an indefinite term. Awards in shorter marriages are possible.

Prenups and maintenance

A prenup may waive maintenance. The waiver is unenforceable if the party lacked access to independent legal representation or required disclosures, or if the maintenance terms are unconscionable at the time of enforcement.

Also in Colorado

A court must first find the spouse lacks enough property for reasonable needs and can't support themselves through appropriate employment (or is caring for a child who requires it).

Connecticut Alimony · Decided case by case · Prenup: can waive or change it, with conditions

How alimony is set

The court weighs marriage length, causes of the breakdown, age, health, station, occupation, income, earning capacity, skills, education, employability, estate and needs of each party, plus the property award.

How long it lasts

Discretionary. The same factors govern duration. If an order ends only on death or remarriage, the court must explain the basis with specificity.

Prenups and alimony

A prenup may modify or eliminate spousal support. It is unenforceable if unconscionable when signed or when enforcement is sought, or without a reasonable chance to consult independent counsel. A public-assistance exception applies.

Also in Connecticut

A court may reduce or end alimony if the recipient lives with another person in a way that changes their financial needs.

Sources

Writing a prenup in Connecticut? See First's Connecticut prenup.

Delaware Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

Only a dependent party qualifies: someone who relies on the other for support, lacks enough property, and can't support themselves through appropriate employment. The court sets the amount and term after weighing the factors, without regard to marital misconduct.

How long it lasts

Eligibility is capped at 50% of the length of the marriage. After 20 or more years of marriage there is no time limit.

Prenups and alimony

A prenup may modify or eliminate spousal support or alimony. A party who waived alimony in writing before, during or after the marriage has no remedy under the alimony statute.

Also in Delaware

Unless the parties agree otherwise in writing, alimony ends on death, remarriage or cohabitation of the recipient. Proof of sexual relations isn't required to show cohabitation.

Sources

Writing a prenup in Delaware? See First's Delaware prenup.

District of Columbia Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

The court may order either party to pay alimony when appropriate, weighing self-support ability, retraining time, marital standard of living (allowing for two households), marriage length, causes of estrangement including abuse, age, health, ability to pay, and finances.

How long it lasts

Discretionary. An award may be indefinite or term-limited, and the court sets the amount and period. It may be retroactive to the filing date of the request.

Prenups and alimony

A prenup may modify or eliminate spousal support. If that would leave a spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid it.

Also in District of Columbia

The court considers the history of physical, emotional or financial abuse by one party against the other when setting alimony.

Sources

Writing a prenup in District of Columbia? See First's District of Columbia prenup.

Florida Alimony · Guided by a numeric guideline · Prenup: can waive or change it

How alimony is set

The court first finds actual need and ability to pay, then weighs statutory factors. Durational alimony is the lesser of reasonable need or 35% of the difference between the parties' net incomes. The court may consider adultery.

How long it lasts

Types are temporary, bridge-the-gap, rehabilitative, and durational. Bridge-the-gap caps at 2 years, rehabilitative at 5. Durational is barred under 3 years of marriage and capped at 50%, 60% or 75% of marriage length.

Prenups and alimony

A prenup may establish, modify, waive or eliminate spousal support. If that would leave a spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid it.

Also in Florida

An award may not leave the payor with significantly less net income than the recipient, absent written findings of exceptional circumstances.

Sources

Writing a prenup in Florida? See First's Florida prenup.

Georgia Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

Alimony is allowed but not required, based on one spouse's needs and the other's ability to pay, and the court considers each spouse's conduct toward the other. Permanent alimony weighs eight factors, including standard of living, marriage length and each spouse's resources.

How long it lasts

The statute sets no fixed term. Unless otherwise provided, permanent alimony obligations end when the recipient remarries.

Prenups and alimony

Georgia's statute defines a prenup to include one that settles spousal support, so a waiver or limit is contemplated. It must be in writing, signed by both of you, and witnessed by two people, one a notary.

Also in Georgia

A spouse isn't entitled to alimony if their adultery or desertion caused the separation.

Hawaii Spousal support and maintenance · Decided case by case · Prenup: can waive or change it

How spousal support and maintenance is set

A court can order support that appears fair under the circumstances. It weighs 13 listed factors, including each spouse's financial resources, the marriage's length and standard of living, age, health, employability and the probable duration of need.

How long it lasts

Discretionary. Support can be indefinite or until further order. If set for a fixed term tied to retraining, the term must cover the training plus time to find work.

Prenups and spousal support and maintenance

A prenup may modify or eliminate spousal support. If that would leave your spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid that.

Also in Hawaii

Concealing income or assets, or violating a divorce restraining order, is something the court considers when making support and property orders.

Sources

Writing a prenup in Hawaii? See First's Hawaii prenup.

Idaho Maintenance · Decided case by case · Prenup: can waive or change it

How maintenance is set

A court may order maintenance only if the spouse seeking it lacks enough property for reasonable needs and can't support themselves through work. Amount then turns on factors including resources, marriage length, age, health, taxes and fault.

How long it lasts

Discretionary. The court sets the length it considers fair after weighing the listed factors. No statutory cap or formula.

Prenups and maintenance

A prenup may modify or eliminate spousal support. If that would leave your spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid that.

Also in Idaho

Fault of either spouse is one of the listed factors in setting maintenance.

Sources

Writing a prenup in Idaho? See First's Idaho prenup.

Illinois Maintenance · Set by a formula · Prenup: can waive or change it, with conditions

How maintenance is set

The court first decides if maintenance is appropriate. If so, and combined gross income is under $500,000 with no prior support owed by the payor, guidelines set it at 33 1/3% of payor net income minus 25% of payee net income.

How long it lasts

Guideline length is the marriage length times a factor from .20 (under 5 years) to .80 (19 to 20 years). For marriages of 20+ years, it equals the marriage length or is indefinite.

Prenups and maintenance

A prenup may modify or eliminate spousal support. If that causes undue hardship from circumstances not reasonably foreseeable at signing, a court may order support to the extent needed to avoid the hardship.

Also in Illinois

Guideline maintenance can't push the payee above 40% of the couple's combined net income, and maintenance is decided without regard to marital misconduct.

Sources

Writing a prenup in Illinois? See First's Illinois prenup.

Indiana Maintenance · Decided case by case · Prenup: can waive or change it, with conditions

How maintenance is set

Maintenance is available only in set situations: a spouse whose incapacity materially affects self-support, a spouse without enough property who must stay home for an incapacitated child, or rehabilitative maintenance after weighing education, career interruption and earning capacity.

How long it lasts

Incapacity maintenance lasts during the incapacity, subject to further order. Rehabilitative maintenance can't exceed three years from the final decree. Otherwise the court sets an appropriate period.

Prenups and maintenance

A prenup may modify or eliminate spousal maintenance. If that causes extreme hardship under circumstances not reasonably foreseeable at signing, a court may order maintenance to the extent needed to avoid it.

Sources

Writing a prenup in Indiana? See First's Indiana prenup.

Iowa Spousal support · Decided case by case · Prenup: waivers generally not enforceable

How spousal support is set

A court may order support after weighing listed factors, including marriage length, age and health, the property division, education, earning capacity, the feasibility of becoming self-supporting, tax consequences and any antenuptial agreement.

How long it lasts

Discretionary. Support may be for a limited or indefinite length of time. No statutory formula or cap.

Prenups and spousal support

Iowa's premarital agreement statute says a prenup can't adversely affect a spouse's right to support, so a clause waiving or limiting spousal support may not be enforced.

Also in Iowa

The provisions of an antenuptial agreement are one of the factors the court weighs in setting support.

Sources

Writing a prenup in Iowa? See First's Iowa prenup.

Kansas Maintenance · Decided case by case · Prenup: can waive or change it

How maintenance is set

A court may award maintenance in an amount it finds fair and equitable under all the circumstances. It can be a lump sum, periodic payments, a percentage of earnings or another basis. No formula in the statute.

How long it lasts

A court may not award maintenance for more than 121 months. If the decree reserves the power, the recipient can move to reinstate for further periods, each capped at 121 months.

Prenups and maintenance

A prenup may modify or eliminate spousal support. If that would leave your spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid that.

Sources

Writing a prenup in Kansas? See First's Kansas prenup.

Kentucky Maintenance · Decided case by case · Prenup: no waiver statute found

How maintenance is set

A court may order maintenance only if the spouse seeking it lacks enough property for reasonable needs and can't support themselves through appropriate work (or is caring for a child who needs them home). Amount turns on listed factors.

How long it lasts

Discretionary. The court sets the length it considers fair, weighing factors such as marriage length, standard of living and time needed for education or training.

Prenups and maintenance

No Kentucky statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Kentucky.

Also in Kentucky

Unless agreed in writing or stated in the decree, future maintenance ends on either party's death or the recipient's remarriage.

Sources

Writing a prenup in Kentucky? See First's Kentucky prenup.

Louisiana Spousal support · Guided by a numeric guideline · Prenup: no waiver statute found

How spousal support is set

Final periodic support goes to a spouse in need who was free from fault before the divorce filing. Courts weigh listed factors, and the award can't exceed one-third of the payor's net income except in certain abuse or fault-based divorces.

How long it lasts

Interim support ends 180 days after the divorce judgment unless extended for good cause. Final support length is set by the court's factors and ends on remarriage, death or cohabitation.

Prenups and spousal support

Louisiana's matrimonial agreement articles allow agreements on matters not prohibited by public policy but don't mention support waivers specifically. Ask a Louisiana attorney how a waiver would be treated.

Also in Louisiana

Domestic abuse by the paying spouse creates a presumption of entitlement to final support and can lift the one-third cap.

Sources

Maine Spousal support · Decided case by case · Prenup: can waive or change it

How spousal support is set

A court weighs listed factors, including marriage length, each party's ability to pay, age, income and earning potential, health, homemaker contributions, economic misconduct or abuse and standard of living. Support types are general, transitional, reimbursement, nominal and interim.

How long it lasts

General support is presumed unavailable for marriages under 10 years, and presumed capped at half the marriage length for 10 to 20 years. Courts can rebut either presumption if inequitable or unjust.

Prenups and spousal support

A prenup may modify or eliminate spousal support. If that would leave your spouse eligible for public assistance at separation or divorce, a court may order support to the extent needed to avoid that.

Also in Maine

Reimbursement support can respond to economic misconduct or economic abuse by a spouse.

Sources

Writing a prenup in Maine? See First's Maine prenup.

Maryland Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

A Maryland court decides whether to award alimony and sets the amount after weighing the factors needed for a fair and equitable award, including each spouse's ability to be self-supporting, the marital standard of living and the marriage's length.

How long it lasts

The court sets the period. It can award alimony indefinitely if age, illness or disability prevents progress toward self-support, or if the spouses' living standards would stay unconscionably disparate.

Prenups and alimony

Maryland law lets spouses make an enforceable agreement about alimony. If an agreement makes a final disposition of alimony, the court is bound by it, and a court can't modify an express alimony waiver.

Also in Maryland

Courts consider the circumstances that contributed to the spouses' estrangement when deciding alimony.

Sources

Writing a prenup in Maryland? See First's Maryland prenup.

Massachusetts Alimony · Guided by a numeric guideline · Prenup: no waiver statute found

How alimony is set

A court weighs factors such as marriage length, age, health, income and employability. Except for reimbursement alimony or a justified deviation, the amount should generally not exceed need or 30 to 35 percent of the gross income difference.

How long it lasts

For marriages of 20 years or less, general term alimony is capped at 50% to 80% of the marriage's length in months, unless justice requires deviation. Over 20 years, it can be indefinite.

Prenups and alimony

No Massachusetts statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Massachusetts.

Also in Massachusetts

General term alimony ends when the payer reaches full retirement age, unless the court finds good cause to set a different date.

Sources

Writing a prenup in Massachusetts? See First's Massachusetts prenup.

Michigan Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

Under MCL 552.13, the court may require either spouse to pay alimony for the other's suitable maintenance. That section sets no formula, so the amount is left to the court's discretion.

How long it lasts

Section 552.13 sets no duration limits. The court may end alimony when the recipient remarries unless the divorce judgment specifically states otherwise.

Prenups and alimony

No Michigan statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Michigan.

Sources

Writing a prenup in Michigan? See First's Michigan prenup.

Minnesota Maintenance · Decided case by case · Prenup: can waive or change it, with conditions

How maintenance is set

A court may award maintenance if a spouse lacks property or can't be self-supporting, then sets amount and length after weighing factors such as marital living standard, marriage length and each spouse's health. Misconduct doesn't count.

How long it lasts

Rebuttable presumptions: no maintenance for marriages under 5 years; transitional maintenance up to half the marriage's length for 5 to 20 years; indefinite maintenance for 20 years or more.

Prenups and maintenance

An antenuptial agreement may provide for spousal maintenance. It must be procedurally fair, including full disclosure, a chance to consult independent counsel and signing at least 7 days before the wedding, and not unconscionable.

Also in Minnesota

Maintenance can be reduced, suspended or ended because the recipient cohabits with another adult, though usually not within a year of the decree.

Sources

Mississippi Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

Mississippi's statute leaves alimony to the court's discretion, based on the circumstances of the parties and the nature of the case, on terms it finds equitable.

How long it lasts

Section 93-5-23 sets no duration rules. The court may later change the decree on petition.

Prenups and alimony

No Mississippi statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Mississippi.

Also in Mississippi

An interest as an heir of a living person, or under a third party's will, isn't counted as a spouse's property for alimony.

Sources

Writing a prenup in Mississippi? See First's Mississippi prenup.

Missouri Maintenance · Decided case by case · Prenup: no waiver statute found

How maintenance is set

A court may award maintenance only if the spouse seeking it lacks property to meet reasonable needs and can't support themselves through work (or is caring for a child who needs them home), then weighs relevant factors to set amount and length.

How long it lasts

No fixed limits. The court sets the period, may include a termination date, and must state whether the order is modifiable.

Prenups and maintenance

No Missouri statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Missouri.

Also in Missouri

Courts consider the conduct of the parties during the marriage when setting maintenance.

Sources

Writing a prenup in Missouri? See First's Missouri prenup.

Montana Maintenance · Decided case by case · Prenup: can waive or change it

How maintenance is set

A court may grant maintenance only if the spouse seeking it lacks property for reasonable needs and can't be self-supporting (or is caring for a child who needs them home). Amount and length follow factors, without regard to marital misconduct.

How long it lasts

The statute sets no fixed limits. The court sets the length after weighing the same factors.

Prenups and maintenance

A premarital agreement may modify or eliminate spousal support. If that leaves a spouse eligible for public assistance at separation or divorce, a court may still require support to the extent needed to avoid that eligibility.

Sources

Writing a prenup in Montana? See First's Montana prenup.

Nebraska Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

A court may order alimony as may be reasonable, weighing the parties' circumstances, marriage length, each spouse's contributions (including to child care and education), career interruptions, and the supported spouse's ability to work.

How long it lasts

The statute sets no fixed duration. Unless agreed in writing or ordered otherwise, alimony ends on either party's death or the recipient's remarriage.

Prenups and alimony

A premarital agreement may modify or eliminate spousal support. If that leaves a spouse eligible for public assistance at separation or divorce, a court may still require support to the extent needed to avoid that eligibility.

Also in Nebraska

A decree can't later be modified to award alimony if the original divorce decree didn't allow it.

Sources

Writing a prenup in Nebraska? See First's Nebraska prenup.

Nevada Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

A court may award alimony on equitable terms, as a lump sum or periodic payments, weighing factors such as each spouse's finances, income, earning capacity, age, health, marriage length and the marital standard of living.

How long it lasts

The statute sets no fixed duration. Periodic payments end on either party's death or the recipient's remarriage unless the court orders otherwise.

Prenups and alimony

A premarital agreement may modify or eliminate alimony, and courts can't award alimony contrary to an enforceable one. If a waiver leaves a spouse eligible for public assistance, a court may still order support to avoid that.

Also in Nevada

A change of 20% or more in the paying spouse's gross monthly income counts as changed circumstances requiring a review of alimony.

Sources

Writing a prenup in Nevada? See First's Nevada prenup.

New Hampshire Alimony · Set by a formula · Prenup: no waiver statute found

How alimony is set

If contested, a court may order term alimony only if one spouse has need and the other can pay. The amount is the lesser of reasonable need or 23% of the difference in gross incomes, unless justice requires an adjustment.

How long it lasts

Term alimony lasts at most 50% of the marriage's length unless the parties agree or justice requires otherwise. It ends on the payee's remarriage unless an agreement provides otherwise.

Prenups and alimony

Starting January 1, 2027, New Hampshire law gives agreements waiving alimony full effect unless shown invalid, for example for coercion, fraud, duress or misrepresentation, or where enforcement would be unconscionable or circumstances have changed since signing. Until then, ask a New Hampshire attorney how a waiver would be treated.

Also in New Hampshire

Reimbursement alimony, which compensates a spouse for contributions such as supporting the other's education, is limited to 5 years from the decree unless the parties agree otherwise.

Sources

Writing a prenup in New Hampshire? See First's New Hampshire prenup.

New Jersey Alimony · Decided case by case · Prenup: can waive or change it, with conditions

How alimony is set

There is no formula. The court weighs 14 statutory factors, including need and ability to pay, marriage length, earning capacity and the marital standard of living, and may award open durational, rehabilitative, limited duration or reimbursement alimony.

How long it lasts

For marriages under 20 years, total alimony generally can't last longer than the marriage, except in exceptional circumstances. Longer marriages have no set limit.

Prenups and alimony

A prenup may modify or eliminate spousal support. A court can set it aside if, before signing, a spouse lacked full financial disclosure, or skipped independent counsel without waiving that right in writing.

Also in New Jersey

Alimony may be suspended or terminated if the recipient cohabits, and there's a rebuttable presumption that it ends when the payer reaches full retirement age.

Sources

Writing a prenup in New Jersey? See First's New Jersey prenup.

New Mexico Spousal support · Decided case by case · Prenup: waivers generally not enforceable

How spousal support is set

No statutory formula. The court considers ten factors, including age, health, earning capacity, good-faith efforts to become self-supporting, reasonable needs and marital standard of living, marriage length, property awarded, and any agreements made in contemplation of divorce.

How long it lasts

The court chooses rehabilitative, transitional (for a clearly stated period), indefinite, or lump-sum support. For marriages of 20 years or more, the court keeps jurisdiction over periodic support unless the decree says none is awarded.

Prenups and spousal support

New Mexico's premarital agreement act says a prenup may not adversely affect a spouse's right to support, so a prenup provision waiving or limiting spousal support may not be enforceable.

Also in New Mexico

A court can also award a spouse part of the other spouse's separate property as alimony, which vests title in the recipient.

Sources

Writing a prenup in New Mexico? See First's New Mexico prenup.

New York Maintenance · Set by a formula · Prenup: can waive or change it, with conditions

How maintenance is set

A statutory formula applies to the payer's income up to a cap that the statute adjusts for inflation every two years. Above the cap, extra maintenance is discretionary. Courts may adjust the result if it is unjust or inappropriate.

How long it lasts

An advisory schedule: 15 to 30% of the marriage length for marriages up to 15 years, 30 to 40% for over 15 to 20 years, 35 to 50% over 20 years. Non-durational maintenance remains possible.

Prenups and maintenance

A prenup may set the amount and duration of maintenance if it was fair and reasonable when signed and isn't unconscionable at final judgment. It also can't leave a spouse likely to become a public charge.

Also in New York

Post-divorce maintenance ends on either party's death or the recipient's marriage, and the court must consider retirement assets and eligibility when setting duration.

Sources

Writing a prenup in New York? See First's New York prenup.

North Carolina Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

The court awards alimony to a dependent spouse if the other is a supporting spouse and an award is equitable. Amount is discretionary, based on 16 factors including marital misconduct, earnings, marriage length and standard of living.

How long it lasts

Discretionary. The award may be for a specified or an indefinite term.

Prenups and alimony

A prenup may modify or eliminate spousal support. If that would leave a spouse eligible for public assistance at separation or divorce, a court may still order support to the extent needed to avoid it.

Also in North Carolina

If the dependent spouse committed illicit sexual behavior during the marriage and before separation, the court shall not award alimony, unless the other spouse did too or condoned it.

Sources

North Dakota Spousal support · Decided case by case · Prenup: can waive or change it, with conditions

How spousal support is set

No amount formula. The court may award support for a limited time only if the recipient can't meet reasonable needs (given the marital standard of living) and the payer can pay without undue hardship, weighing factors like age, earning ability and conduct.

How long it lasts

No permanent support. Absent written findings, it lasts at most 50% of marriage length (under 5 years), 60% (5 to 10), 70% (10 to 15), 80% (15 to 20); at 20+, agreed or court-limited.

Prenups and spousal support

Prenups may modify or eliminate support, but need access to independent counsel, adequate financial disclosure and, without counsel, a plain-language waiver notice. Courts may override a waiver to avoid public assistance, or for substantial hardship from changed circumstances.

Also in North Dakota

Support is presumed to end when the payer reaches full Social Security retirement age, and ends after a year of the recipient's marriage-like cohabitation, unless agreed otherwise in writing.

Sources

Writing a prenup in North Dakota? See First's North Dakota prenup.

Ohio Spousal support · Decided case by case · Prenup: no waiver statute found

How spousal support is set

No formula. After dividing property, the court may award reasonable spousal support, considering 14 factors including income, earning ability, age and health, retirement benefits, marriage length, standard of living and lost earning capacity from marital responsibilities.

How long it lasts

Discretionary; duration is one of the terms the court sets using the factors. Support ends at either party's death unless the order says otherwise.

Prenups and spousal support

No Ohio statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Ohio.

Also in Ohio

A court can't later modify a support order after divorce unless the decree or the separation agreement expressly allows modification.

Sources

Writing a prenup in Ohio? See First's Ohio prenup.

Oklahoma Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

The statute lets a court allow alimony from the other spouse's property, or as a money judgment, 'as the court shall think reasonable,' having regard to property values. The statute lists no formula or factor list.

How long it lasts

The statute sets no duration rule. Support payments end on the recipient's death or remarriage, though after remarriage the recipient may ask the court within 90 days to continue some support.

Prenups and alimony

No Oklahoma statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Oklahoma.

Also in Oklahoma

A former spouse's voluntary cohabitation is a ground to modify alimony, and the court may reduce or end support on proof of a substantial change in circumstances.

Sources

Writing a prenup in Oklahoma? See First's Oklahoma prenup.

Oregon Spousal support · Decided case by case · Prenup: can waive or change it

How spousal support is set

No formula. The court sets a fair amount in one or more categories: transitional (to get education or training), compensatory (for contributions to the other's career), or maintenance, each with its own factor list.

How long it lasts

Discretionary. Maintenance may be for a specified or indefinite period. Support ends at either party's death unless the judgment expressly provides otherwise.

Prenups and spousal support

A prenup may modify or eliminate spousal support. If that would make a spouse eligible for public or medical assistance at separation or divorce, a court may still order support to the extent needed to avoid it.

Sources

Writing a prenup in Oregon? See First's Oregon prenup.

Pennsylvania Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

No formula. After a divorce decree, the court may allow reasonable alimony only if it finds alimony necessary, weighing 17 factors including earnings, marriage length, standard of living, marital misconduct and whether the spouse can support themselves.

How long it lasts

Discretionary. The court sets a definite or indefinite period that is reasonable under the circumstances. Remarriage of the recipient ends the award.

Prenups and alimony

Pennsylvania's premarital agreement statute sets an agreement aside for involuntary signing or inadequate financial disclosure, but it doesn't mention support waivers specifically. Ask a Pennsylvania attorney how a waiver would be treated.

Also in Pennsylvania

Marital misconduct after final separation isn't considered, except abuse of one party by the other.

Sources

Writing a prenup in Pennsylvania? See First's Pennsylvania prenup.

Rhode Island Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

No formula. The family court weighs marriage length, conduct during the marriage, health, age, income, employability and needs, plus factors such as time out of work for homemaking and the payer's ability to pay.

How long it lasts

Alimony is meant to support a spouse for a reasonable time to become self-sufficient. The court may award it indefinitely in its discretion. It ends automatically when the recipient remarries.

Prenups and alimony

A prenup may modify or eliminate spousal support. If that would make a spouse eligible for public assistance at separation or divorce, a court may still order support to avoid it.

Also in Rhode Island

To void a prenup, the challenger must prove both involuntary signing and unconscionability with inadequate disclosure, by clear and convincing evidence.

Sources

Writing a prenup in Rhode Island? See First's Rhode Island prenup.

South Carolina Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

A family court may award alimony in amounts it considers appropriate after weighing 13 statutory factors, including marriage length, each spouse's earnings and earning potential, the marital standard of living, and marital misconduct or fault.

How long it lasts

No fixed limits. Types include periodic, lump-sum, rehabilitative and reimbursement alimony. Periodic alimony ends on the supported spouse's remarriage or continued cohabitation (90+ days) or either spouse's death.

Prenups and alimony

South Carolina codifies antenuptial agreements (presumed fair if signed voluntarily, with separate counsel and full financial disclosure), but that section covers property. No statute we found sets a rule for support waivers, so ask a South Carolina attorney.

Also in South Carolina

A spouse who commits adultery before a written settlement is signed or a permanent order is entered can't be awarded alimony.

Sources

Writing a prenup in South Carolina? See First's South Carolina prenup.

South Dakota Support · Decided case by case · Prenup: no waiver statute found

How support is set

When granting a divorce, the court may order one spouse to pay the other a suitable support allowance, having regard to the parties' circumstances. The statute sets no formula and lists no specific factors.

How long it lasts

Discretionary. Support can last for the recipient's life or a shorter period, and the court may modify its orders from time to time.

Prenups and support

South Dakota's premarital agreement act lets couples contract on property and other matters not against public policy, but unlike the uniform act it doesn't list spousal support. Ask a South Dakota attorney whether a waiver would hold up.

Sources

Writing a prenup in South Dakota? See First's South Dakota prenup.

Tennessee Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

Courts weigh 12 statutory factors, including each spouse's earning capacity, needs and resources, the length of the marriage and, where the court finds it appropriate, fault. Need and ability to pay count most. There is no formula.

How long it lasts

Four types: rehabilitative, transitional (a set period), alimony in futuro (long-term) and in solido (lump sum). The law prefers rehabilitation where possible. Alimony in futuro ends on the recipient's death or remarriage.

Prenups and alimony

Tennessee's premarital agreement statute covers property and doesn't mention spousal support waivers specifically, so whether a waiver holds up is a question for an attorney in Tennessee.

Also in Tennessee

Lump-sum alimony (in solido) is treated as a final judgment. It can be modified only by agreement and doesn't end if either spouse dies or remarries.

Texas Maintenance · Guided by a numeric guideline · Prenup: can waive or change it

How maintenance is set

The requesting spouse must lack property for minimum reasonable needs and meet a ground such as disability, family violence, or a 10+ year marriage plus inability to earn enough. Payments are capped at the lesser of $5,000 monthly or 20% of average monthly gross income.

How long it lasts

Capped at 5 years (10 to 20 year marriages, or shorter with family violence), 7 years (20 to 30) or 10 years (30+), and kept to the shortest reasonable period, with disability exceptions.

Prenups and maintenance

Texas lets a premarital agreement modify or eliminate spousal support, with no public-assistance exception in the statute. An agreement fails if signed involuntarily, or if unconscionable when signed and made without fair financial disclosure.

Also in Texas

Maintenance ends on either party's death or the recipient's remarriage, and a court must end it if the recipient cohabits with a dating or romantic partner on a continuing basis.

Sources

Writing a prenup in Texas? See First's Texas prenup.

Utah Alimony · Decided case by case · Prenup: can waive or change it

How alimony is set

Courts weigh at least nine factors, including the marital standard of living, the recipient's needs and earning capacity, the payer's ability to pay, and marriage length. Fault may be considered, and courts may try to equalize living standards.

How long it lasts

Alimony generally can't last longer than the marriage, unless the court finds extenuating circumstances or good cause. Temporary alimony paid during the case counts toward that limit.

Prenups and alimony

Utah's Uniform Premarital Agreement Act lets couples agree to modify or eliminate spousal support. If that leaves a spouse eligible for public assistance at separation or divorce, a court may still order support to avoid that.

Also in Utah

If a 10+ year marriage's recipient cut back work by agreement to care for the payer's child, courts presume equal living standards (not for divorces filed before May 1, 2024).

Sources

Writing a prenup in Utah? See First's Utah prenup.

Vermont Maintenance · Guided by a numeric guideline · Prenup: no waiver statute found

How maintenance is set

A court may order maintenance if the requesting spouse lacks income or property for reasonable needs and can't self-support at the marital standard (or has custody of a child). Factors include a guideline table: a percentage of the spouses' gross income difference, by marriage length.

How long it lasts

The guideline table ties duration to marriage length: none or up to one year for marriages under 5 years, rising to 45% of the marriage length (9 to 20+ years) for 20+ year marriages.

Prenups and maintenance

No Vermont statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Vermont.

Also in Vermont

Courts must consider the impact of both spouses reaching full Social Security retirement age, or their actual retirement.

Sources

Writing a prenup in Vermont? See First's Vermont prenup.

Virginia Spousal support · Guided by a numeric guideline · Prenup: can waive or change it

How spousal support is set

Courts weigh 13 factors, including needs and resources, the marital standard of living, marriage length, contributions and earning capacity, plus the circumstances that led to the divorce, such as adultery. A numeric formula applies only to temporary (pendente lite) support.

How long it lasts

Discretionary: periodic payments for a defined or undefined duration, a lump sum, or a mix. If the court reserves future support, the reservation is presumed to last half the time from marriage to separation.

Prenups and spousal support

Virginia's Premarital Agreement Act lets couples contract about spousal support. An agreement fails if signed involuntarily, or if unconscionable when signed and made without fair financial disclosure (or a written waiver of it).

Also in Virginia

Temporary support presumptively equals 27% of payer gross income minus 50% of recipient gross (26% and 58% with minor children), when combined monthly income is $10,000 or less.

Sources

Writing a prenup in Virginia? See First's Virginia prenup.

Washington Maintenance · Decided case by case · Prenup: no waiver statute found

How maintenance is set

Courts set maintenance amounts, without regard to misconduct, after weighing factors such as each spouse's resources, time needed for training, the marital standard of living, marriage length and the payer's ability to pay.

How long it lasts

Discretionary. The court sets the length case by case; RCW 26.09.090 sets no formula or duration limits.

Prenups and maintenance

No Washington statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Washington.

Also in Washington

Marital misconduct is left out: courts set maintenance "without regard to misconduct."

Sources

Writing a prenup in Washington? See First's Washington prenup.

West Virginia Spousal support · Decided case by case · Prenup: can waive or change it, with conditions

How spousal support is set

Courts weigh 20 statutory factors, including marriage length, income and earning ability, the marital standard of living and financial need, and must compare each spouse's fault. Awards can't be disproportionate to the payer's ability to pay.

How long it lasts

Four classes: permanent, temporary, rehabilitative (for a limited period so the recipient can become gainfully employed) and in gross. Courts may revise orders as circumstances change.

Prenups and spousal support

For agreements signed on or after July 1, 2023, couples may modify or eliminate spousal support, but courts can order support to avoid public-assistance eligibility and may refuse terms unconscionable at signing or causing substantial hardship after changed circumstances.

Also in West Virginia

Spousal support can't be ordered unless the spouses are living separate and apart.

Sources

Wisconsin Maintenance · Decided case by case · Prenup: can waive or change it

How maintenance is set

Courts weigh ten factors, including marriage length, age and health, the property division, earning capacity, whether the recipient can become self-supporting at a comparable standard of living, and any support agreement the spouses made before or during marriage.

How long it lasts

Discretionary: maintenance may be for a limited or indefinite length of time, and it ends at the death of either party.

Prenups and maintenance

Wisconsin's marital property agreement statute, which covers agreements made before marriage, allows modification or elimination of spousal support. If that leaves a spouse eligible for public assistance at divorce, a court may require support anyway.

Sources

Writing a prenup in Wisconsin? See First's Wisconsin prenup.

Wyoming Alimony · Decided case by case · Prenup: no waiver statute found

How alimony is set

The court may award reasonable alimony out of the other spouse's estate, having regard for that spouse's ability to pay. The statute sets no formula and lists no other specific factors.

How long it lasts

Discretionary. The court may assign real estate or its rents for life or order a specific sum, and may later revise alimony on either party's petition.

Prenups and alimony

No Wyoming statute we found sets a rule for spousal support waivers in prenups, so whether a waiver holds up is a question for an attorney in Wyoming.

Sources

Writing a prenup in Wyoming? See First's Wyoming prenup.

First is not a law firm. The information and tools provided by First on this site are not legal advice and not a substitute for the advice of an attorney. State laws change; confirm current rules with a licensed attorney in your state.

Alimony questions

Is alimony the same as spousal support?

Yes. Alimony, spousal support, maintenance and spousal maintenance all describe payments one spouse makes to the other after a separation or divorce. States pick their own word: Illinois and New York say maintenance, California says spousal support, and Florida says alimony. The rules behind the word are what change from state to state.

Which states use a formula to calculate alimony?

Most states leave the amount to a judge who weighs a list of factors. Arizona, Colorado, Florida, Illinois, Louisiana, Massachusetts, New Hampshire, New York, Texas, Vermont and Virginia have a formula or numeric guideline in statute or court guidelines, though several use it only as a cap, only for temporary support, or as a starting point. The state-by-state reference shows how each one works.

Can a prenup waive alimony?

In most states, yes, with conditions. In 31 of the 51 jurisdictions on this page, a statute lets a premarital agreement modify or eliminate alimony, usually with an exception if enforcing the waiver would leave one spouse needing public assistance. Some states add more: California won't enforce an alimony provision against a partner who didn't have independent counsel when signing. Find your state above to see its rule.

How long does alimony last?

It depends on the state and the length of the marriage. Some states tie duration to a statutory table or cap, such as Illinois, Massachusetts and Texas. Many others leave it to the court. Payments commonly end when the receiving spouse remarries or either spouse dies, and some states also end or reduce them on cohabitation.

How long do you have to be married to get alimony in Texas?

Ten years, for the most common route. Texas lets a court order spousal maintenance when the spouse asking for it has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income for their minimum reasonable needs. The statute lists other grounds that don't depend on how long you were married. Payments are capped at the lesser of $5,000 a month or 20 percent of the paying spouse's average monthly gross income.

What is the 1/3 rule for alimony?

Alimony is set by state law, so the "one-third rule" is shorthand for a state rule rather than a national one. It usually points to one of two. Illinois guideline maintenance takes 33 1/3% of the payer's net annual income minus 25% of the payee's net annual income, as long as the payee doesn't end up with more than 40% of the couple's combined net income. Louisiana caps final periodic support at one-third of the paying spouse's net income.

Which states allow lifetime alimony?

Several states allow indefinite alimony after a long marriage. Illinois lets a court order maintenance for the length of the marriage or for an indefinite term after 20 or more years. Massachusetts allows an indefinite term for marriages longer than 20 years, Colorado for marriages over twenty years, and Minnesota presumes indefinite maintenance after 20 years. Florida's statute lists only temporary, bridge-the-gap, rehabilitative and durational alimony.

What should we decide about alimony in our prenup?

Couples usually choose one of three paths: waive alimony entirely, set it in advance (a fixed amount, a formula, or a schedule tied to the length of the marriage), or leave it to state law. Each option has to meet your state's rules to hold up. First's Self-Serve prenup walks you through the choice, and Lawyer Review adds an attorney for each of you when your state requires counsel for an alimony waiver or you want advice on the terms.

Do these rules change?

Yes. Legislatures revise alimony laws. Florida's current alimony statute, for example, applies to cases filed on or after July 1, 2023. Each state on this page links to the official statute text we checked, with the date we checked it. Confirm current rules with a licensed attorney in your state.