Going through a divorce while also living with a disability adds a layer of complexity that many people aren’t prepared for. You might be wondering how disability benefits and alimony work together, especially when both are key to your financial security.

Is it possible to receive disability and alimony at the same time?

You can receive both alimony and disability benefits, but how they interact depends on the type of benefit and your state’s laws.

SSDI is typically not affected by alimony, while SSI may be reduced due to its needs-based structure.

Courts weigh disability status when determining alimony amounts, especially if it limits earning capacity or impacts a payor’s ability to provide support.

Detailed documentation of income, medical records, and financial need is essential to maintain both benefits and support arrangements.

Family Law

Going through a divorce while also living with a disability adds a layer of complexity that many people aren’t prepared for. You might be wondering how disability benefits and alimony work together, especially when both are key to your financial security. Divorce affects more than your relationship. It changes how income is calculated, support is determined, and future needs are addressed. If you’re already receiving disability or plan to apply for it, you may have questions about how that impacts your eligibility for alimony, or vice versa. Is it possible to receive disability and alimony at the same time? In most cases, yes, but it’s not always simple. Different types of disability benefits (like SSDI or SSI), state laws, and your specific divorce agreement all play a role in what’s allowed and how much support you may receive. By understanding how these support systems interact, you can make more informed decisions during your divorce. You’ll also be better equipped to protect your financial future as you move forward.

The interaction between disability and alimony

Disability has a major impact on alimony decisions, whether you’re the one receiving support or the one paying it. If you’re disabled and unable to earn a full income, you may need additional spousal support. If you’re expected to pay alimony but have a reduced income due to disability, that also affects what the court may order. Courts don’t take a one-size-fits-all approach here. They’ll review your medical records, long-term prognosis, and eligibility for disability benefits. They’ll also consider ongoing medical expenses, care requirements, and whether any accommodations that affect your cost of living are needed. If you’re the spouse with a disability, the court might increase alimony or extend the payment period to meet your needs. If you’re the payor and your income drops because of a disability, the court may lower your payments or adjust the structure. Everything comes down to balancing your needs against your former partner’s ability to pay.

How does disability affect alimony payments?

Disability can shift alimony in either direction. If you’re unable to work because of a health condition, the court may increase the alimony you receive to ensure you can meet basic needs. But if you’re paying alimony and your income drops due to disability, you can usually request a modification. Judges look at many factors:

How severe and permanent is the disability?

Does it limit your ability to earn a living?

Are you receiving government benefits like SSDI or SSI?

Do you have insurance coverage or other financial support?

When did the disability begin—before, during, or after the marriage?

These details help the court understand the full picture. Whether you’re asking for support or seeking a reduction, you’ll need to show how your disability affects your financial life.

Is it possible to receive alimony and disability at the same time?

Yes, it’s possible to receive both alimony and disability benefits. But how these two forms of support interact depends on a few key factors, especially the type of disability benefit you receive. If you’re getting Social Security Disability Insurance (SSDI), alimony generally won’t reduce your benefits. SSDI is based on your work history and contributions to Social Security, not your financial need. However, if you’re receiving Supplemental Security Income (SSI), it’s different. SSI is a needs-based program, so any alimony you receive may reduce your benefit amount. The Social Security Administration sees alimony as income, which could make you ineligible or lower your monthly SSI payments. Courts also consider your disability income when <a href="https://www.marble.co/blog/family/divorce/how-to-calculate-alimony" rel="noopener noreferrer" target="_blank">calculating alimony</a>. They want to make sure you’re supported, but not overpaid. In many cases, disability payments may offset the amount of alimony awarded to avoid what’s known as double-dipping. The goal is always to meet your basic needs without unnecessary financial strain on either party.

Main requirements for getting alimony and disability at the same time

To qualify for both alimony and disability benefits, you’ll need to meet the separate legal standards for each. Here’s what you should be prepared to demonstrate:

You’ll need to prove that your medical condition prevents you from working. For SSDI, this means showing your condition is expected to last at least 12 months or result in death. You must also have a sufficient work history. For SSI, the medical standard is similar, but the financial threshold is stricter.

To get alimony, you’ll also need to show that you can’t meet your expenses without your former partner’s help. This means documenting your income, medical costs, living expenses, and how your disability limits your ability to support yourself. Keep detailed records of everything: disability checks, alimony payments, and any other sources of income. These documents help the court (and the Social Security Administration) make fair decisions and protect you if either party requests a change later.

Medical records, employment history, and expert evaluations can help show how your condition limits your ability to work. This information supports your claim for both alimony and disability, especially if you’re seeking higher support levels or long-term assistance.

Any time your alimony amount changes, you must report it to the Social Security Administration if you’re receiving SSI. Failing to do so could result in benefit reductions, overpayment notices, or even penalties. Likewise, if your disability status changes, let the court know—this could affect your alimony order too.

Up-to-date medical records are essential. They show the current state of your condition and help justify continued disability benefits or the need for ongoing alimony. If your condition worsens or improves, these records will guide necessary adjustments.

What is the impact of divorce on disability and alimony?

<a href="https://www.marble.co/blog/family/divorce/avoid-paying-alimony" rel="noopener noreferrer" target="_blank">Divorce</a> introduces a wave of changes, especially when disability benefits are involved. If you or your former partner are disabled, the financial and legal impact of separating can be more complicated. Courts must carefully balance disability needs with fair support arrangements, while you navigate shifting income and benefit rules.

Divorce usually means recalculating your finances from the ground up. You’re moving from one household to two, which often stretches resources. For a disabled spouse, this transition may create a greater need for support. Courts look closely at total income from disability benefits, past earnings, and future potential when determining support.

Divorce can change your eligibility for some public benefits. For example, if you receive SSI, a drop in household income might increase your monthly benefit. On the flip side, receiving alimony might lower or eliminate your eligibility. Changes in family size, housing, and financial support all affect benefit calculations, especially for needs-based programs like Medicaid or housing assistance.

Courts don’t just look at income; they also look at your expenses. If you’re disabled, you may need extra support for medical care, home accessibility, or mobility equipment. These added costs can justify higher alimony payments. Judges try to ensure your basic needs are met, even as they consider what your ex can realistically afford to contribute.

One of the biggest challenges after divorce is medical insurance. If you were covered under your spouse’s plan, you might lose that coverage after the divorce is finalized. Depending on your situation, you may need to use COBRA, switch to a Marketplace plan, or apply for Medicare or Medicaid. It’s important to explore these options early to avoid a gap in coverage.

What happens if the person paying alimony suddenly becomes disabled?

If the person responsible for paying alimony becomes disabled, they can usually ask the court to review and possibly modify the order. This is known as a change in circumstances, and it’s a common reason to request an update to support payments. When this happens, the court will look at the new medical diagnosis, the impact on employment, and the person’s current income, including any disability benefits. They’ll consider whether the payor can still meet their support obligations, or if the payments should be reduced, paused, or even ended. Judges don’t make these decisions lightly. They weigh the payor’s new limitations against the ongoing needs of the person receiving alimony. The court might often lower the monthly amount or extend the payment timeline. In more severe cases, the order may be terminated, especially if the payor is permanently disabled with no remaining income beyond basic support.

How a family law attorney can help your alimony case

Balancing alimony and disability benefits involves legal and financial details that can quickly become overwhelming. A family law attorney can help you understand your rights, avoid benefit disruptions, and request support or modifications based on changing circumstances. Attorneys with Marble can help clients navigate the intersection of disability and <a href="https://www.marble.co/family/alimonyandspousalsupport" rel="noopener noreferrer" target="_blank">spousal support</a>. They’ll guide you through the process, help you pursue a fair and enforceable&nbsp;agreement, and help you secure the financial stability you need.

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Watch for these red flags that may indicate your spouse is considering leaving.

What is walkaway wife syndrome? 7 main signs

“Walkaway wife syndrome” refers to a situation where a wife becomes progressively disenchanted with her marriage. As she does, she gradually shuts down her level of emotional, physical and sexual involvement in the relationship.&nbsp; If neither spouse takes proactive steps to change things, walkaway wife syndrome can destroy a marriage. But it doesn’t have to. The key is understanding the symptoms of the syndrome and taking action before things progress. Read on to learn more about the signs of walkaway wife syndrome and what you can do to try to save your marriage.

Walkaway wife syndrome is a gradual emotional and physical withdrawal driven by unmet emotional needs over time.

Common warning signs include emotional detachment, lack of communication, withdrawal from shared activities, and new independence.

These changes often happen subtly but intensify when left unaddressed.

Early intervention, through honest conversations and counseling, can help prevent permanent separation.

If divorce becomes inevitable, legal support ensures your rights and responsibilities are protected during separation and beyond.

“Walkaway wife syndrome” refers to a wife’s escalating detachment and eventual exit from an unsatisfying marriage.&nbsp; The phenomenon begins when a wife starts feeling disconnected from her spouse. She may or may not communicate her unhappiness. And if she does speak up, she may feel that her spouse ignores her or dismisses her concerns. This sense of neglect may lead her to withdraw emotionally from the relationship. In turn, she may slowly build an independent life without the presence or support of her spouse. Walkaway wife syndrome develops progressively, beginning with an emotional departure by the wife due to perceived unmet needs or persistent dissatisfaction. Over time, this may lead to altered behaviors like reduced communication, withdrawal from shared activities and increased focus on individual interests. Eventually, the emotional withdrawal may culminate with the wife suddenly moving out. Divorce almost inevitably follows.&nbsp; This final step often comes as a surprise to the spouse, who is usually unaware of the severity of the situation. In the few cases where divorce doesn’t happen, a loss of marital goodwill between both spouses may occur. Some people call this “dead marriage syndrome”.

What are the signs of walkaway wife syndrome?

Walkaway wife syndrome presents with a common set of behaviors. Recognizing these symptoms requires careful attention, as they’re often subtle shifts. If you see some of the below behaviors, they could be signs your wife has checked out of your marriage.

A fundamental symptom of walkaway wife syndrome is emotional withdrawal. The affected spouse begins to emotionally disconnect from her partner after feeling ignored or unappreciated for a period of time. This disconnection often starts internally and might not initially be outwardly visible. Instead, the wife may seem normal and engage in routine activities.&nbsp;

As walkaway wife syndrome progresses, most people notice a significant decrease in communication. For example, a spouse who used to openly share her thoughts, feelings and experiences now gives only one-word responses. She may also avoid deep, meaningful conversations, keeping interactions superficial or strictly necessary. And she may deny that anything’s wrong when you try to reach out.

After communication fails, a drop-off in shared activities often follows. A spouse experiencing walkaway wife syndrome gradually withdraws from any kind of bonding activity. She might show less interest in things you once enjoyed together.&nbsp;

As the spouse disconnects emotionally from her partner, she often shifts her focus toward personal growth and independence. This shift might involve pursuing individual interests or hobbies, focusing more on career development or fostering separate friendships. The aim is often to create a support network and a life that doesn’t rely on her spouse. In many cases, she begins searching for other sexual partners.

Another symptom of walkaway wife syndrome is a decrease in physical intimacy. Reduced affectionate gestures, less sexual engagement and/or general physical withdrawal may indicate an increasing emotional distance.&nbsp;

At some point, the affected spouse begins actively contemplating a departure from the marriage. One sign of this occurring is that the wife begins avoiding discussions involving future plans. This avoidance could include plans about holidays, home improvements or financial investments. It may also include topics like building a family together and future life goals.

Most people make a special effort to look their best when they start dating someone new. As the relationship progresses into marriage, this effort fades. Generally, this is because people become more comfortable with each other. If your wife suddenly begins putting on extra makeup, wearing revealing clothing or changing her exercise or diet routine, she may be looking for attention outside of your relationship. And when she does several of these things for an extended period of time, it might suggest walkaway wife syndrome. Since this isn’t always the case, approach these signs with sensitivity and openness, seeking professional assistance if needed. Remember that communication is the foundation of understanding and resolving such issues.

Walkaway wife syndrome doesn’t appear out of nowhere. It usually stems from long-term emotional dissatisfaction and recurring patterns that leave one partner feeling neglected or undervalued. Over time, unaddressed needs and unmet expectations create a foundation of emotional distance and quiet resentment. Here are some of the most common root causes:

Chronic communication breakdown: Repeated failure to listen or respond to emotional concerns can lead to deep frustration and a sense of isolation.

Emotional neglect: When one partner consistently feels unacknowledged, unsupported, or emotionally alone, it can erode connection and trust.

Unequal distribution of household responsibilities: Imbalanced labor at home, particularly if unspoken or unappreciated, can lead to resentment and burnout.

Loss of physical and emotional intimacy: When affection, sexual closeness, or emotional vulnerability fades, the relationship may start to feel transactional or distant.

Lack of personal growth support: If one partner feels their ambitions or personal development aren’t encouraged or valued, it can cause withdrawal.

Unresolved conflict and resentment buildup: When disagreements go unaddressed, or forgiveness is never fully given, emotional walls are likely to go up over time.

Understanding these causes is essential to recognizing what may be driving the emotional drift in your relationship, and what steps might reverse it.

What you can do to address walkaway wife syndrome

Confronting walkaway wife syndrome requires effort, patience and understanding. Here are some steps you can take to try to deal with this situation:

Acknowledge that there’s an issue in your relationship: Recognize that your spouse’s feelings of neglect or dissatisfaction are valid, even if you don’t immediately understand them.

Open up the lines of communication: Create a safe space for open and honest communication. Here, both parties should feel free to express their thoughts, feelings and concerns without fear of retaliation or judgment.

Seek professional help: If open communication seems challenging, it might be helpful to involve a relationship counselor or therapist. They can facilitate productive conversations, help you uncover deeper issues and provide guidance on how to address them.

Make a commitment to genuine change: Listen to your spouse’s concerns and take concrete steps to address them. This may involve changing certain habits or behaviors, offering more support or taking an interest in new activities.

Be patient: It takes time for a relationship to mend and for people to develop new habits. Be patient with your wife and yourself.

Foster emotional connection: Find ways to reconnect emotionally. This could involve spending quality time together, expressing affection or showing appreciation.

Apologize and forgive: If your actions have contributed to the situation, offer a sincere apology. Furthermore, be ready to forgive past mistakes and focus on moving forward.

Despite your best intentions and efforts, some marriages affected by walkaway wife syndrome may have passed the point of repair. In these situations, it’s important to face that reality with compassion, for both yourself and your spouse. Accepting that the relationship may be over doesn’t mean failure. It means recognizing that staying together at all costs may no longer serve either of you. Letting go with maturity can help avoid additional conflict and protect everyone involved, especially if you share children. If separation feels inevitable, consider these next steps:

Consult a family law attorney to understand your rights and responsibilities.

Protect your finances by gathering key documents and reviewing shared accounts.

Put your children first by planning for custody, support, and emotional stability.

Set clear boundaries to support a respectful transition out of the relationship.

While the end of a marriage is never easy, having a clear, calm approach to what happens next can help you move forward with greater confidence and peace of mind.

When should you consider hiring a family law attorney?

If walkaway wife syndrome has progressed to the point of separation, or your spouse has already left, it may be time to speak with a family law attorney. While the emotional aspects of a breakup are difficult, the legal side brings its own set of challenges that require informed, professional guidance. Divorce is more than just the end of a relationship. It involves important legal decisions that can impact your finances, home, children, and future. A qualified family law attorney from <a href="https://www.marble.co/" rel="noopener noreferrer" target="_blank">Marble</a> can help you navigate the process and protect your interests in areas such as:

Asset and property division: Ensuring an equitable split of marital property, debts, and investments.

Child custody and parenting plans: Protecting parental rights and helping you reach agreements prioritizing your children’s wellbeing.

Spousal support: Understanding if you may be entitled to or responsible for <a href="https://www.marble.co/blog/family/divorce/how-long-alimony-lasts/" rel="noopener noreferrer" target="_blank">alimony</a>, and negotiating fair terms.

Legal documentation and timelines: Managing the procedural requirements so you don’t miss critical deadlines or make costly mistakes.

Even if you’re unsure whether divorce is final, speaking with an attorney early can clarify your rights, responsibilities, and options moving forward.

Walkaway wife syndrome doesn’t happen overnight. It’s often the result of months or years of unmet emotional needs, disconnection, and frustration. But if you catch the signs early and act with genuine care and commitment, it’s possible to rebuild trust and reestablish a fulfilling connection. If saving the marriage is no longer possible, know that you’re not alone, and you don’t have to navigate the legal process without help. Whether you’re trying to repair the relationship or move forward with separation, having the right support can make all the difference.

It’s likely not going to be easy, but it will be worth it for your safety and mental health.

Everything you need to know about leaving a toxic relationship

Realizing you’re in a toxic relationship is the first step in a difficult journey. Once you determine that you have a manipulative or controlling partner, the next step is leaving. Doing so is often easier said than done. Still, you can do it, and it’s worth it for your physical and mental health. If you decide to leave any toxic relationship—partnership, marriage, kids, no kids—resources are available to help you safely succeed. This article contains guidance on how to leave, including professionals who can support and advise you and specific steps to take.

It’s sometimes hard for people in toxic relationships to recognize how unhealthy their situation is. Knowing the common red flags may help you see the problem more clearly. Possible signs of a toxic marriage include:

Most toxic relationships display a number of these warning signs.&nbsp; It may be helpful to talk through your relationship problems with a close friend or therapist to get another perspective. Toxic relationships are usually easier to spot from the outside.

How to stop being in a toxic relationship

The first step in removing yourself from an unhealthy relationship dynamic is recognizing the toxic situation. For some people, identifying the problem is the hardest step. Once you acknowledge the unhealthy dynamic, you must make a choice. Many toxic relationships are worth salvaging and can be fixed. However, doing so requires a steadfast commitment from both partners. Therapy and counseling may help. Sometimes a relationship is beyond saving or not worth the effort. In these cases, it might be best to leave the relationship altogether. If you decide to go this route, devise a specific plan for doing so. Your plan should account for your own safety, the safety of any children and how you’ll live once separated from the relationship. When creating a plan, consider:

Where you and your children are going to stay

How you intend to notify the other person

How to respond to the other person if they react irrationally

Who you can reach out to if you fear for your safety

Resources you can utilize if you fear for your safety

Set realistic goals that account for potential problems that might arise during your separation. Consulting with friends and professionals such as therapists and attorneys can help you develop your plan. Lastly, if you’re experiencing any relationship abuse, help is available. When it’s time to execute the plan, be prepared for any conflicts and lean on any support mechanisms you have. Leaving a toxic partner can be difficult, but there is light and freedom at the end of the tunnel.

How to leave a toxic relationship with a child involved

Children make leaving a toxic relationship more difficult. They also make doing so much more important. Witnessing or participating in a toxic relationship hinders a child’s development and changes how they might interact with others. Toxic people often use children as a bargaining chip to maintain control of their former partners. Many people choose to find legal representation for an added layer of protection. An attorney can point you toward useful resources and help you get a protective order or take any other relevant legal actions to protect yourself and your children.

Leaving a toxic relationship is often difficult. Consider the following strategies to help protect your well-being and increase the likelihood that you follow through with your decision.

Being mindful (or even keeping a written log) of your emotions may help you handle them and avoid becoming reactive. You may notice patterns or that specific triggers set you off. With that information, you can try mindfulness practices like deep breathing or create plans to avoid or deal with triggering situations. Having a clearer mind may help during this challenging time.

Many toxic individuals lash out if a partner tries to leave. They might bring up old issues or frame the breakup as you attacking them in an attempt to control you. Realize that this dynamic itself is toxic. You shouldn’t feel guilty for doing what’s best for yourself and leaving a harmful situation.

Identify and focus on the positives of leaving

Make a list of all the positive aspects of leaving, like things you’re excited about or new opportunities that might arise. Focusing on the benefits can help you through the tougher aspects of leaving the relationship.

Cultivate and lean on your support system

Close friends, family, professionals and local support groups may provide different types and levels of support as you work to leave the toxic relationship. Turn to those you trust and can speak openly with.

Reduce or eliminate contact with your partner

Excessive contact with a toxic partner usually makes matters worse. If you can, eliminate contact altogether. If there are kids or other reasons you must interact with them, try to limit contact as much as possible.

Following through may be the most challenging part of leaving a toxic situation. There may be moments when leaving feels like a bad idea, and you may be tempted to backtrack. Try to push through these moments and be confident that going is the right decision.

Professionals like therapists and divorce attorneys have experience guiding people through similar situations. They’re familiar with helpful resources and will provide personalized advice to address all of your concerns.

Given how difficult it may be to leave a toxic relationship, consider working with an experienced family law attorney. For one, they understand the laws as well as how judges think, so they can present your case in the best light for you. For another, they can help you file for a restraining order and file charges against your former partner when necessary. You may find that hiring a lawyer is reassurance that you’re doing all you can to keep yourself safe and protect your rights while you extract yourself from the situation.

Short answer: Yes. But that’s not the only thing you should know about spousal support.

If my wife filed for divorce, can she still get alimony?

The divorce process can be an emotionally charged and challenging experience. There’s often a lot to settle, and alimony can be a top concern for both parties.&nbsp; Although each state has different protocols to decide how much—if any—spousal support to award, it can help to understand the basics of alimony. For example, while it doesn’t matter whether you or your wife filed for the divorce, how much you both earn does matter. This article will break down the key things about alimony. We’ll first explain what spousal support is, how the courts determine it and how long it can last. Then we’ll dive into the different types of alimony as well as two common questions: Do I have to pay alimony if my wife works? And, if my wife filed for a divorce, can she get alimony?

Alimony is a type of spousal support that one spouse pays to the other. The court awards alimony to a spouse it believes needs assistance with:&nbsp;

Transitioning from a married to a single household

Maintaining their marital standard of living after divorce (this is beneficial when there’s a significant gap between the two spouses’ earnings)

Alimony helps the receiving spouse find their bearings and re-establish themselves after the marriage ends. It also prevents a spouse with limited income from becoming dependent on public resources.&nbsp;

The types of alimony available depend on the state law. Common types of alimony include:

Temporary alimony or spousal support helps a spouse financially transition from married life to single life. The idea is that the party needs a little assistance to support themselves and find their bearings after living in the marital home. They may need time to find a new job and place to live, among other things.&nbsp; Temporary alimony typically lasts only until the divorce is final. At that point, the court may terminate alimony altogether or it may order another form of alimony going forward.

As the name suggests, in a lump-sum alimony arrangement, the paying spouse pays the other spouse the entire alimony obligation in one installment rather than making regular, smaller payments to them. Typically, the receiving spouse gets this payment immediately upon divorce.

Rehabilitative alimony aims to help one spouse become economically independent after the divorce. It may be appropriate if one spouse was the breadwinner and the other earned significantly less or stayed home and raised the children during the marriage.&nbsp; Rehabilitative alimony is most common in medium-length marriages where the receiving spouse is young enough to start a career. It typically lasts only a few years.

Permanent alimony provides ongoing assistance to one spouse who depends on the other for financial support. It’s more common in longer marriages.&nbsp; Despite its name, permanent alimony doesn’t always continue indefinitely. Many states limit how long it can last. Different states use different formulas, but this time limit typically depends on the length of the marriage. Usually alimony is limited to a period of time equal to somewhere between one-half the length of the marriage to the full length of the marriage. But some states permit alimony to continue indefinitely for marriages over a certain length (commonly 20 years).&nbsp; Permanent alimony generally terminates altogether if the receiving spouse remarries or begins living with a partner.

How does the court calculate alimony payments?

Each court has its own method of calculating alimony payments. Many states follow standard formulas, which require the courts to look at the expenses and standard of living the parties enjoyed during the marriage. The court may compare this to the individual means and assets of each party.&nbsp; The court may award one spouse a percentage of the other spouse’s income, or it may specify a dollar amount they must pay monthly or all at once.&nbsp; Factors that the court may consider when determining whether a spouse should receive support and how much include:

Each spouse’s contributions to the marriage

The standard of living during the marriage

Each spouse’s educational and professional achievements

Do I have to pay alimony if my wife works?

A spouse who works doesn’t automatically need to pay a non-working spouse alimony. At the same time, if both parties work, it doesn’t necessarily mean the lower-earning spouse can’t receive spousal support. Every divorce is different, and courts weigh many factors to determine alimony payments.&nbsp;

If my wife filed for a divorce, can she get alimony?

When it comes to assessing alimony, it doesn’t matter who filed for divorce. Alimony is typically not intended to reward or punish either spouse. Its purpose is to allow both spouses to continue to enjoy—as closely as possible—the standard of living they had during the marriage and to prevent either spouse from becoming destitute.&nbsp;

Typically the parent who has <a href="https://www.marble.co/blog/family/child-custody/primary-sole-vs-joint-custody/" rel="noopener noreferrer" target="_blank">physical custody</a> of any children receives child support from the other parent. This support can reduce the amount of alimony they receive. When a court calculates the receiving spouse’s need for alimony, they consider that party’s monthly expenses and their ability to meet those expenses through their income. The court typically considers <a href="https://www.marble.co/blog/family/child-custody/how-to-get-full-custody/" rel="noopener noreferrer" target="_blank">child support</a> to be income. As a result, the court often orders less alimony for a spouse receiving child support than it would if that spouse didn’t have custody of the children and wasn’t receiving child support.

Each state has different rules for how long alimony lasts. For example, many states terminate alimony when the person receiving alimony moves in with a partner or remarries. Or if either spouse dies, the paying spouse (or their estate) typically no longer needs to pay alimony. The court may also provide a definite end date for the alimony payments as part of the divorce decree. For example, the court may require one spouse to pay alimony to the other for a certain number of months, representing a percentage of the duration of the marriage.&nbsp; Further, states typically allow the parties to petition the court to amend or terminate alimony payments if there’s a substantial change in circumstances. For example, the paying spouse may lose their job or experience a significant reduction in salary. Or the spouse receiving alimony may find a lucrative job, meaning they don’t need the alimony payments to support themselves anymore.&nbsp;

Either party typically can petition the court to amend alimony payments if there’s a substantial change in circumstances for either person. Each state has rules about what qualifies as a substantial change, but in most cases, it’s when something happens that impacts a spouse’s ability to pay or need to receive alimony.&nbsp; For example, if the spouse paying alimony loses their job, they may ask the court to lower or suspend their alimony payments until they get a new job. Likewise, if the spouse receiving alimony gets a pay raise and no longer needs the money, the other party may ask the court to end alimony payments.&nbsp;

Spousal support is a way to help one spouse become financially independent after divorce. But determining who should pay alimony and how much can be confusing and contentious.&nbsp; An experienced divorce attorney can help you understand your legal rights and what an alimony award might look like in your case. If you’re uncertain how to pursue spousal support or you’re concerned that your spouse may seek alimony, a lawyer can help you build your case and, if necessary, present it in court.&nbsp; An attorney can also help if circumstances have changed significantly and you want to try to modify the terms of your divorce.

Curious about what you’re eligible to receive – or may need to supply – in terms of alimony payments? You’ve come to the right place. 

How to calculate alimony

There’s no way to calculate alimony reliably, but estimating a range is possible.

Different states and judges calculate alimony by subtracting a percentage of the lower-earning spouse’s income from the higher-earning spouse’s income.

Judges adjust alimony based on several factors, particularly the marriage length, each spouse’s earning capacity and their relative financial need.

If you’re in the process of a divorce or are considering one, alimony may be on your mind. After all, it tends to be one of the first things many people ask about when someone mentions ending their marriage, and every so often, headlines pop up about how much alimony a celebrity needs to pay their former spouse. Yet, for better or worse, alimony has become less common in recent years. In the 1960s, about one in four divorces involved alimony, whereas by 2015, only around one in 10 did.&nbsp; Whether you’ll owe or receive alimony—and how much—isn’t straightforward. Alimony payments depend on many factors, including the type of alimony, the specifics of the marriage, each spouse’s circumstances and the state you live in. Beyond that, few states offer guidelines for calculating alimony.&nbsp; That said, this article can help if you’re wondering about alimony. First we explain common factors used to determine alimony and how they may influence payments. Then we explore how to calculate alimony, including how to use an alimony calculator.

Alimony is a financial obligation between two former spouses. The paying spouse (payor) pays the recipient spouse (payee) a certain amount each month.&nbsp; Historically, alimony was limited to payments from a former husband to his former wife. Over time, alimony shifted to authorize payments between former spouses regardless of gender. Then, as U.S. society began to regard women and men as equals and more and more women gained financial independence, alimony’s popularity began to decline. As a result, modern laws often limit:

What percentage of income the payor spouse may be required to pay

Yet, alimony is still available in every state, reflecting the continued understanding that it provides crucial support for some.&nbsp;

Along with shifts to alimony’s gendered nature, different places began to use one of three terms to describe alimony, including:

More often than not, these terms are equivalent. For simplicity’s sake, we use “alimony” throughout this article.

Some states distinguish between spousal support and spousal maintenance. For example, in New York, spousal support refers to payments before you officially file for divorce, temporary maintenance is during divorce and post-divorce maintenance is after. It’s easy to get confused by the words states use, but the practical effect is the same, regardless of what you call payments from one former spouse to the other.

States generally authorize the same basic types of alimony:

Temporary alimony (also called “alimony <a href="https://www.marble.co/blog/family/divorce/pendente-lite-order-in-divorce" rel="noopener noreferrer" target="_blank">pendente lite</a>”): Payments during the divorce process

Rehabilitative alimony: Payments intended to support a former spouse as they work to become self-supporting

Reimbursement alimony: Payments intended to reimburse a former spouse who sacrificed economically to enable the other to attain career or educational goals

Permanent alimony: Payments intended to support a former spouse long-term or even for the rest of their life

Notably, in some states, courts address reimbursement through property division rather than alimony.

Each state uses specific factors to determine whether a spouse is entitled to alimony and for how long. Most states rely on the same handful of factors, including:

The division of childcare responsibilities between the spouses

Whether and how much a spouse contributed to the other’s educational or career development. (This typically becomes relevant if the lower-earning spouse’s contributions enabled the higher-earning spouse to enhance their earning capacity but negatively impacted the contributing spouse.)

Some states also consider the marital standard of living and <a href="https://www.marble.co/blog/family/divorce/no-fault-divorce" rel="noopener noreferrer" target="_blank">fault in the divorce</a>.&nbsp; To calculate the amount of alimony, courts compare the spouses’ relative positions, including considering each spouse’s:&nbsp;

Earning capacity, including the spouse’s education level, work history and any absences from the workforce

Separate resources following property division

Regardless of other factors, courts also consider whether the payor earns enough to be able to pay and meet their own basic needs.

How long alimony lasts depends on state law, but the length of time is typically directly or indirectly related to the length of the marriage. In many states, courts order permanent alimony only for long marriages (typically more than 20 years) where one spouse is unable to support themself and unlikely to be able to gain the ability to support themself. Even then, alimony may end if the nonworking spouse moves in with a romantic partner or remarries.

To estimate how much alimony you may qualify for or owe, first identify which state’s laws apply. Generally, that means the state where you live.&nbsp; Some states use specific formulas to calculate alimony, while others don’t. Even in states with formulas, judges often adjust numbers based on relevant factors. In both cases, judges attempt to determine a fair payment. As a result, the average alimony payment varies significantly, not just from state to state but within states, making an accurate payment difficult, if not impossible, to estimate. Still, you may calculate a rough estimate using the methods below. Calculate alimony using a formula With so many variations across state lines, several formulas exist to help calculate alimony. Those formulas primarily use the same factors as the average alimony calculator: each spouse’s income and the length of the marriage.&nbsp; Below, we explore formulas and alimony calculations for several states. For our example, we consider a divorced couple and refer to the higher-earning spouse as “HES” and the lower-earning spouse as “LES”.&nbsp; HES’s gross yearly income is $120,000, and LES’s gross yearly income is $30,000. Divided by 12 months, HES’s monthly income is $10,000, and LES’s monthly income is $2,500.&nbsp; States that use formulas typically provide a percentage that you multiply by the number of years the couple was married to determine how long alimony should last.&nbsp; For example, in Illinois, you calculate how long alimony lasts within month-based ranges spanning the following:

Marriage of 5 years: 24% of the length of the marriage (alimony lasts approximately 1.2 years)

Marriage of 10 years: 44% of the length of the marriage (alimony lasts approximately 4.4 years)

Marriage of 15 years: 64% of the length of the marriage (alimony lasts approximately 9.6 years)

Marriage of 20 years or more: equal to the length of the marriage or permanent

Alternatively, the American Academy of Matrimonial Lawyers (AAML) proposes that alimony should last for:

Marriage of 0 to 3 years: 30% of the length of the marriage (approximately 0.3 to 0.9 of one year)

Marriage of 3 to 10 years: 50% of the length of the marriage (approximately 1.5 to 5 years)

Marriage of 10 to 20 years: 75% (approximately 7.5 to 15 years)

If you were married for 20 years or longer, alimony is permanent under this plan. Some states also set limits on how long alimony may last. For example, Texas limits alimony to

Marriage of 10 to 20 years: up to five years of alimony

Marriage of 20 to 30 years: up to seven years of alimony

Marriage of 30+ years: up to 10 years of alimony

Your state may offer extra tools to help you calculate alimony. For example, Arizona offers a spousal maintenance calculator online.

After you calculate alimony using a formula specific to your state, consider your state’s alimony factors, especially each spouse’s:

You may adjust your estimate proportionally to disparities between the spouses. There’s no precise formula for these adjustments, and different states take varying approaches to how judges may adjust alimony.&nbsp;

Since judges vary in how they calculate alimony, it’s difficult to provide specific advice about making these adjustments. Adjusting the calculated monthly payment up or down approximately 5 to 25 percent may give an estimate. As for what justifies an adjustment up or down, common sense is likely as reliable as anything else. For example, you might adjust the payment up if one spouse makes hundreds of thousands of dollars per year and the other has a GED and no work experience.

Calculate alimony using an alimony calculator

When you use an alimony calculator, you typically input details about each spouse’s gross income and the length of the marriage. Then, using an internal equation, the calculator provides a number, usually using one of the formulas discussed above. Alimony often depends on many more factors than a comparison of incomes related to the length of the marriage. Therefore, an alimony calculator is likely not accurate but may provide a rough estimate.

Although it may be impossible to precisely calculate your potential alimony payments, the formulas detailed above may offer a rough estimate. You may also get similar results from an alimony calculator.&nbsp; To make that estimate more accurate, consider issues like whether one spouse enabled the other to increase their earning potential and the realistic monthly expenses and earning capacity of each spouse. For assistance calculating a more precise range and discussing the specific laws in your state, consider hiring an experienced family lawyer.&nbsp;

<a href="https://www.reuters.com/article/markets/wealth/how-bread-winning-women-are-driving-alimony-reform-idUSKCN0T61O8" target="_blank" rel="noopener noreferrer">https://www.reuters.com/article/markets/wealth/how-bread-winning-women-are-driving-alimony-reform-idUSKCN0T61O8</a> <a href="https://www.nysenate.gov/legislation/laws/DOM/236" target="_blank" rel="noopener noreferrer">https://www.nysenate.gov/legislation/laws/DOM/236</a> <a href="https://casetext.com/statute/colorado-revised-statutes/title-14-domestic-matters/dissolution-of-marriage-parental-responsibilities/article-10-uniform-dissolution-of-marriage-act/section-14-10-114-spousal-maintenance-advisory-guidelines-legislative-declaration-definitions" target="_blank" rel="noopener noreferrer">https://casetext.com/statute/colorado-revised-statutes/title-14-domestic-matters/dissolution-of-marriage-parental-responsibilities/article-10-uniform-dissolution-of-marriage-act/section-14-10-114-spousal-maintenance-advisory-guidelines-legislative-declaration-definitions</a> <a href="https://www.nysenate.gov/legislation/laws/DOM/236" target="_blank" rel="noopener noreferrer">https://www.nysenate.gov/legislation/laws/DOM/236</a> <a href="https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm" target="_blank" rel="noopener noreferrer">https://www.ilga.gov/legislation/ilcs/documents/075000050k504.htm</a> <a href="https://www.aaml.org/wp-content/uploads/MAT105_7.pdf" target="_blank" rel="noopener noreferrer">https://www.aaml.org/wp-content/uploads/MAT105_7.pdf</a> <a href="https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.054" target="_blank" rel="noopener noreferrer">https://statutes.capitol.texas.gov/Docs/FA/htm/FA.8.htm#8.054</a> <a href="https://www.superiorcourt.maricopa.gov/app/selfsuffcalc/" target="_blank" rel="noopener noreferrer">https://www.superiorcourt.maricopa.gov/app/selfsuffcalc/</a>

Sources

Knowing your rights and responsibilities will help you be a better parent to your kids and co-parent to your ex.

Legal custody vs physical custody: What’s the difference?

Figuring out child custody during a divorce process means determining two things: who has the right to make certain decisions about the child (called legal custody) and where the child lives (physical custody). The parents may share both types of custody, or one parent may have <a href="https://www.marble.co/blog/family/child-custody/how-to-get-full-custody/" rel="noopener noreferrer" target="_blank">full custody</a> in one or both areas of the child’s life. Whatever the breakdown, both parents have responsibilities and rights. Use this guide to learn more about legal custody vs physical custody, how courts determine both types of custody and how an attorney may be able to help you with a custody case.

Legal custody refers to the authority granted to an individual to make certain decisions regarding a child’s well-being and upbringing. Typically, a parent with legal custody can make decisions regarding the child’s:&nbsp;

A parent can have <a href="https://www.marble.co/blog/family/child-custody/primary-sole-vs-joint-custody/" rel="noopener noreferrer" target="_blank">sole legal custody</a> or joint legal custody of the child.&nbsp;

When a parent has sole legal custody, they typically aren’t required to consult the other parent before making decisions regarding the child.

When two parents have joint legal custody, they share decision-making authority.

Courts are typically hesitant to cut one parent out of the decision-making process entirely. So unless certain facts make sole legal custody more appropriate, most parents share joint legal custody.

What rights does a parent without legal custody have?

Even if you don’t have legal custody, you have certain rights. For instance, a parent without legal custody might be entitled to visitation or parenting time. The amount of time and frequency of visitations are ultimately up to the court if the parties don’t agree to an arrangement willingly. During your parenting time, you may have the right to make decisions regarding the day-to-day care of your child.

Physical custody focuses primarily on the physical care and supervision of the child. For example, physical custody governs matters such as:&nbsp;

Is it possible to receive disability and alimony at the same time?

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