Types of Spousal Support

After a couple divorces, one spouse may have to pay the other alimony (also called spousal support or maintenance). Alimony laws vary widely from state to state. Generally, there are two broad categories of spousal support: short-term and long-term alimony. But several states don't distinguish between short- and long-term support after divorce, and some identify various types of alimony that are based more on the purpose of the support than the duration. And all states allow judges to award some kind of temporary support while the divorce is going on.

You and your spouse may agree on the type, amount, and duration of alimony (either as part of a comprehensive divorce settlement agreement or only on the spousal support issue). Without an agreement, a judge will decide whether to award alimony and, if so, how much the payments will be, as well as how long they'll last. However, some states have limits (or at least guidelines) on the duration of alimony—typically depending on how long the marriage lasted or the specific type of spousal support.

Temporary Alimony During the Divorce Proceedings

After you've filed for divorce, it could take a while before your divorce is final—anywhere from a few months for an uncontested divorce to a year or more with a contested divorce. One of you might need financial support during that time. Temporary spousal support is often called "pendente lite," Latin for pending the legal case that's underway.

You and your spouse may agree on temporary spousal support, but you should submit your agreement to the court so a judge may approve it and make it part of an official court order. If you can't agree on the issue, you may file a request for temporary support with the divorce petition or response—or afterward, as soon as you separate. A judge will decide on your request after reviewing the evidence at a hearing.

State rules on temporary alimony are generally simpler than they are for spousal support after the divorce. It's usually up to the judge to decide whether and how much to award, based on the requesting spouse's need for support and the other spouse's ability to pay.

As a rule, temporary support ends when the divorce is final. But there may be exceptions to that rule. In Louisiana, for instance, "interim" spousal support doesn't automatically end until 180 days after the final divorce judgment, and a judge may extend the support even longer if there's a good reason. (La. Civ. Code art. 113(B) (2024).)

Short-Term Support

Some states have specific types of spousal support that are meant to last only a short time after the divorce, to help lower-earning spouses make the transition from married to single life. For example:

• In Florida, judges may award "bridge-the-gap" alimony to help a spouse with legitimate short-term needs that can be identified. This type of alimony may not last longer than two years. (Fla. Stat. § 61.08(6) (2024).)
• Judges in New Jersey may award "limited duration alimony" to help supported spouses meet their needs after a short-term marriage ends, when rehabilitative or long-term alimony wouldn't be appropriate. (N.J. Stat. § 2A:34-23 (2024).)
• Tennessee judges may award "transitional alimony" when an "economically disadvantaged" spouse doesn't need rehabilitation but does need some help to adjust to the economic changes that come with divorce. (Tenn. Code § 36-5-121(g) (2024).)

Rehabilitative Support

The most common type of spousal support is usually called rehabilitative alimony—because it's meant to "rehabilitate" dependent spouses by giving them financial support while they gain the education, training, or work experience needed to become self-supporting. In many states, all post-divorce alimony is considered rehabilitative support except in rare cases (discussed below).

Spouses who are receiving rehabilitative support are expected to diligently pursue their training, education, and work search. If the spouse who's paying support suspects that's not happening, they can generally go back to court and ask to have the payments stopped or reduced.

Rehabilitative support doesn't necessarily continue until the supported spouse is earning enough money to enable the same standard of living as they had during the marriage. States recognize that level of self-support is often not feasible, and they set different standards for self-support.

In California, for instance, it's expected that support recipients should make reasonable efforts to gain self-sufficiency within a reasonable time (generally, half of the length of the marriage). Judges may order an evaluation with a vocational training counselor to help determine the steps needed to become self-supporting and how long it might take. (Cal. Fam. Code §§ 4320(l), 4331 (2024).)

Some states set upper limits on how long rehabilitative spousal support can last. For example:

• In Florida, rehabilitative alimony may not last more than five years. (Fla. Stat. § 61.08(7) (2024).)
• In Texas, judges must limit spousal maintenance to the shortest amount of time the recipient needs to earn enough to pay for the minimum reasonable needs. Also, with few exceptions, the state sets absolute maximums on the duration of maintenance, depending on how long the marriage lasted. (Tex. Fam. Code § 8.054 (2024).)
• Arizona has guidelines for spousal maintenance that calculate standard ranges for the amount of support judges may order, as well as how long the payments should last. (Ariz. Rev. Stat. § 25-319(B); Ariz. Spousal Maintenance Guidelines, § V (2023).)

Long-Term Support

For many years, the trend in state alimony laws has been moving away from long-term spousal support, with a focus on providing maintenance only as long as necessary for the supported spouse to earn a decent living (as discussed above). However, states also generally recognize that some dependent spouses will probably never be able to support themselves after a long marriage.

Here again, the standards for indefinite or long-term spousal support can vary. For instance:

• Although New Jersey normally sets a maximum duration for alimony (the same amount of time that the marriage lasted), that doesn't apply when the spouses were married for at least 20 years, or in other "exceptional circumstances," including when the supported spouse has a chronic illness. (N.J. Rev. Stat. § 2A:34-23(c) (2024).)
• When California couples had a marriage "of long duration," judges will continue to have the legal authority to extend spousal support indefinitely. The law presumes that a marriage was lengthy if it lasted at least 10 years, but judges may find that some shorter marriages qualify. (Cal. Fam. Code § 4336 (2024).)

Long-term spousal support is sometimes called "permanent" alimony, but it's never actually permanent. In all states, alimony ends when the supported spouse dies or remarries. Some states also end alimony when the supported spouse is living with a partner in a marriage-type relationship.

Reimbursement Support

Several states—including South Carolina and Massachusetts,—allow judges to award reimbursement support, which is intended as a way to compensate a spouse who contributed to the other spouse's career, education, or business. Typically, the judge will determine how much that contribution was and order the other spouse to pay that amount in a lump sum or a few installments.

Lump-Sum Alimony

Alimony is generally paid periodically until a set end date or certain conditions have been met. Still, several states allow spouses to pay alimony in one lump sum (either in property or cash) or a few installments. Lump-sum spousal support isn't very common, because the supporting spouse would need to have the assets up front. But some divorcing couples might prefer the certainty—there's less worry about collecting periodic payments or the possibility that one spouse could request a modification in the amount of support.

When You Need Help With Alimony

If you're having trouble negotiating alimony with your spouse, you might try mediation. A trained, neutral mediator can help you find a compromise that both of you can live with. And while you'll have to pay, you and your spouse can split the cost of mediation—which will be less expensive than the cost of a court battle over alimony.

Otherwise, when mediation isn't appropriate or doesn't work, you should consider speaking with a lawyer if you or your spouse is seeking alimony but the two of you can't agree. An experienced family law attorney can evaluate your finances and other circumstances, explain how a judge might rule in your case, negotiate effectively with your spouse's lawyer, and represent you in court if it comes to that.