Family & Safety

A judge can make one spouse pay the other spouse money on an ongoing basis after a divorce. This is called "maintenance." Money the court orders one spouse to pay the other spouse after their divorce (formerly called alimony) It used to be called "spousal support" or "alimony."

The purpose of maintenance is to help the receiving spouse support themselves after the divorce and help them maintain the standard of living they had during the marriage. However, the judge is not required to order maintenance. The court generally expects people who are able to work to find a job and support themselves.

The laws for maintenance are the same for men and women. 

How does a judge decide whether to order maintenance?

The judge will consider the following things when deciding on maintenance:

• Income and property
• Needs
• Earning potential, now and in the future
• Time spent doing household duties
• Time and money needed to get a job, or the training and education to get a job
• Lifestyle during the marriage
• Length of marriage
• Age
• Physical and emotional conditions
• Any agreements between the spouses

The judge will not make their decision based on how well either spouse has behaved during the marriage. This means the judge will not consider things like infidelity or domestic violence Harm by one household or family member against another household or family member. Harm may be an emotional, mental, or physical injury when deciding on maintenance.

How much maintenance does a spouse get?

Judges usually use this formula to decide how much maintenance to give to a spouse:

1. Multiply the payor’s Someone who pays a payment, including an obligor's employer net yearly income by 0.333.
2. Multiply the payee’s The person who will receive payment net yearly income by 0.25.
3. Subtract 2) from 1).

The result is the yearly amount the paying spouse, or “payor,” must pay the receiving spouse, or “payee.”

However, there is a limit on the amount of maintenance the payee can get. Here is how the limit works:

1. Add the amount of maintenance from above to the payee's net yearly income. Write this number down.
2. Now add both spouse's net income Income after taxes have been taken out together, and multiply by 0.4. Write this number down.

If 1) is higher than 2) after this calculation, reduce the amount of maintenance so that 1) is not higher than 2). This is the amount of annual maintenance they will receive.

Example

Here is an example of how the formula works. Assume payor’s net yearly income is $50,000, and payee’s net yearly income is $25,000.  Now follow the first three steps:

1. $50,000 (payor's net income) X 0.333 = $16,650
2. $25,000 (payee's net income) X 0.25 = $6,250
3. $16,650 (from step 1) - $6,250 (from step 2) = $10,400

Now we follow the second two steps to check to see if this amount will be limited:

1. $10,400 (the amount of maintenance) + $25,000 (payee's income) = $35,400
2. $50,000 (payor's income) + $25,000 (payee's income) = $75,000. $75,000 X 0.4 = $30,000

Here, the amount in (1) is $5,400 more than in (2). ($35,400 - $30,000 = $5,400). Therefore, we have to subtract $5,400 from the maintenance calculation above, which is $10,400. $10,400 (from 3 above) - $5,400 = $5,000. So the judge will order the payor to pay the payee $5,000 per year.

The court may order life insurance to be purchased to cover child or spousal support. This ensures that there will be money to pay support in case the person paying dies.

How long does maintenance last?

The length of maintenance depends on the length of the marriage. Use the chart below to find out how long your maintenance will probably last:

Temporary maintenance

Divorce cases can go on for a long time. A spouse can get maintenance while the case goes on. This is called temporary maintenance. This is typically credited toward the length of payments when the divorce is finalized.

The temporary maintenance could also include:

• Temporary parental responsibilities Making important decisions for a child (significant decision-making responsibility) and spending time with them (parenting time) ("custody"), including decision-making power and parenting time Time that a child spends with a parent. Usually, the child lives mostly with one parent and has regular contact with the other (formerly called visitation).
• Temporary child support Money paid by a parent to help another parent support a minor child or an adult child with a disability
• Temporary possession of the home
• Temporary restraining orders

Taxes on maintenance

Divorced on or before December 31, 2018

The person who pays maintenance will be able to deduct these payments on their federal income taxes. The person who receives the spousal support (sometimes called alimony or maintenance) will be taxed.

Divorced on or after January 1, 2019

The person who pays maintenance and child support is taxed. The person receiving the money is not.