Frequently Asked Questions
Answers to common questions about divorce finances, settlements, and using DivorceSmart.
Alimony & Spousal Support
- How is alimony calculated?
- Alimony is calculated differently in every state. Some states like California, Illinois, and New York use a formula based on the income difference between spouses. Most states leave it to judicial discretion based on factors like income disparity, marriage length, standard of living, and earning capacity. Use our free alimony calculator to estimate your amount. Try the alimony calculator →
- How long does alimony last?
- Alimony duration is typically tied to the length of the marriage. A common rule of thumb is one-third to one-half the length of the marriage. For marriages over 20 years, some states allow indefinite alimony. Short marriages (under 5 years) may receive temporary or rehabilitative alimony only.
- Is alimony taxable?
- For divorce agreements finalized after December 31, 2018, alimony is no longer tax-deductible for the payer or taxable income for the recipient under federal tax law. Agreements finalized before 2019 follow the old rules unless modified.
- Can alimony be modified?
- In most states, alimony can be modified if there is a significant change in circumstances, such as job loss, retirement, or a significant increase in the recipient's earning capacity. Some states allow modification only for certain types of alimony.
Child Support
- How is child support calculated?
- Most states use the Income Shares model, which combines both parents' incomes and divides support proportionally based on custody time. A few states like Texas and Wisconsin use a Percentage of Income model. Actual amounts depend on state guidelines, custody, childcare costs, and health insurance. Try the child support calculator →
- How long does child support last?
- In most states, child support continues until the child turns 18. Some states extend to 19 or through college. Support may end earlier if the child becomes emancipated.
- Is child support taxable?
- No. Child support is not taxable for the receiving parent and not deductible for the paying parent under federal tax law.
Assets & Property Division
- How are assets split in a divorce?
- Assets are divided under either community property law (50/50 split in 9 states including California and Texas) or equitable distribution (fair but not necessarily equal split in the other 41 states). Marital assets include property, retirement accounts, investments, and debts accumulated during the marriage. Try the settlement calculator →
- How is a 401(k) split in a divorce?
- A 401(k) is split using a Qualified Domestic Relations Order (QDRO). This legal document directs the plan administrator to transfer a portion of the account to the non-employee spouse. The transfer is tax-free if done correctly via QDRO. Without a QDRO, early withdrawals trigger taxes and a 10% penalty. Read the 401(k) guide →
- Should I keep the house or sell it?
- It depends on whether you can afford the mortgage, property taxes, insurance, and maintenance on a single income. Financial experts recommend housing costs stay below 28–35% of gross income. You should also consider the opportunity cost of equity tied up in the home versus investing that money. Try the housing calculator →
- How much does it cost to buy out my spouse?
- The buyout cost equals your spouse's share of the home equity. For example, if your home has $200,000 in equity and your spouse is entitled to 50%, the buyout is $100,000. You may be able to offset part of this by trading your share of retirement accounts or other marital assets. Try the buyout calculator →
Social Security & Retirement
- Can I collect Social Security from my ex-spouse?
- Yes, if your marriage lasted 10 or more years, you are currently unmarried, and you are at least 62. You can receive up to 50% of your ex-spouse's full benefit, and it does not reduce their benefit at all. Try the Social Security estimator →
- When should I start Social Security?
- There is no single right answer. Starting at 62 gives you smaller checks for more years. Waiting until 70 gives you the largest possible check — about 77% more than at 62. The best choice depends on your health, other income, and whether you need the money now.
About DivorceSmart
- What does DivorceSmart cost?
- The free version gives you a year-by-year projection and sustainability verdict. Pro starts at $19 for 30-day access with full AI analysis, settlement scoring, negotiation levers, scenario comparison, and a 15-page PDF dossier. One-time payment, no subscription.
- Is my data safe?
- Free projections run entirely in your browser. Pro analysis sends your inputs securely to our server then discards them. Saved scenarios are encrypted in transit and at rest, accessible only through your account. We never sell your data.
- How accurate are the projections?
- We use a 5% nominal growth rate and 3% inflation rate, producing roughly a 2% real return — a commonly-used benchmark for long-term balanced portfolio planning. These projections are estimates, not guarantees. Pro users can adjust growth rate, inflation, and other variables.
- Is this financial advice?
- No. DivorceSmart is an educational planning tool that projects outcomes based on the numbers you enter. We always recommend consulting a qualified financial advisor or divorce attorney before making final decisions.
- Is Pro a subscription?
- No. Pro is a one-time payment — $19 for 30 days or $89 for 6 months. It expires automatically. No subscription, no auto-renewal, no cancellation needed.
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Not financial or legal advice. DivorceSmart is an educational planning tool. Always consult a qualified attorney and financial advisor before making settlement decisions.