What Percentage Is Alimony?
There is no single alimony percentage that applies everywhere. A small number of states use guideline formulas that produce a percentage-based result. Most states leave it to the judge's discretion. Here's how it actually works.
The short answer
In states with formulas, alimony typically works out to roughly 20–35% of the income difference between spouses. In states without formulas, awards commonly fall in the 20–40% range of the income difference, though there is wide variation. These are rough generalizations — not legal rules — and your actual result depends on many factors specific to your case.
States with guideline formulas
These states provide a mathematical starting point for calculating spousal support. Courts may deviate from the formula based on circumstances.
| State | Guideline Formula | Duration |
|---|---|---|
| California | 40% of higher earner's income minus 50% of lower earner's income CA Family Code §4320 | Generally half the marriage length for marriages under 10 years. Longer for marriages over 10 years. |
| Colorado | 40% of higher income minus 50% of lower income (advisory) C.R.S. §14-10-114 | Duration based on marriage length percentage table. |
| Illinois | 33.3% of payor's income minus 25% of payee's income. Capped at 40% of combined income for recipient. 750 ILCS 5/504 | Duration = marriage years × percentage factor (ranges from 20% for <5 years to 100% for 20+ years). |
| Massachusetts | 30–35% of the difference between the parties' incomes. M.G.L. c.208 §53 | Duration capped by marriage length tiers: up to 50% for ≤5 years, up to 60% for 5–10, up to 70% for 10–15, up to 80% for 15–20. Indefinite possible for 20+. |
| New York | 30% of payor's income minus 20% of payee's income (without child support). Capped so payee doesn't receive more than 40% of combined income. DRL §236 | Advisory: 15–30% of marriage length (≤15 yrs), 30–40% (15–20 yrs), 35–50% (20+ yrs). |
| Pennsylvania | 33% of the difference between net incomes (without children) or 25% (with children). This applies to alimony pendente lite. Pa.R.C.P. 1910.16-4 | Post-divorce alimony duration at court discretion based on 17 statutory factors. |
States with notable rules (no formula)
Most states don't have a formula. Judges have broad discretion based on statutory factors. Some states have notable caps or rules:
| State | Notable Rules |
|---|---|
| Florida | No formula. 2023 reform eliminated permanent alimony. Durational alimony cannot exceed 35% of the difference between net incomes. Duration capped based on marriage length. |
| Georgia | No formula. Judicial discretion. Adultery is an absolute bar to alimony. |
| Indiana | One of the most restrictive states. Rehabilitative maintenance capped at 3 years. Very limited grounds for any support. |
| Kansas | No formula. Maintenance limited to a maximum of 121 months. |
| Louisiana | No formula, but final periodic support cannot exceed one-third of the obligor's net income. |
| Maryland | No formula. Indefinite alimony possible when standards of living would be "unconscionably disparate." 12 statutory factors. |
| New Jersey | No formula. Four types of alimony after 2014 reform. Duration generally cannot exceed marriage length for marriages under 20 years. |
| Texas | Spousal maintenance capped at $5,000/month or 20% of gross income (whichever is less). Marriages under 10 years generally don't qualify. Duration capped at 5–10 years. |
| Virginia | Pendente lite formula: 26% of payor's income minus 58% of payee's income (no children). Permanent support based on detailed statutory factors. Adultery generally bars support. |
All other states: judicial discretion
The remaining states (Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Hawaii, Idaho, Iowa, Kentucky, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming) determine alimony based on judicial discretion using statutory factors. Common factors include:
- Income and earning capacity of each spouse
- Length of the marriage
- Standard of living during the marriage
- Age and health of both parties
- Contributions to the marriage (including homemaking)
- The recipient's ability to become self-supporting
Quick example
Knowing the percentage is a starting point, but the real question is whether that percentage covers your actual expenses for the duration you need it. See a sample Pro analysis that runs your state's formula against your real budget and shows whether the amount sustains you.
Why the percentage isn't the whole story
Knowing the percentage gives you a rough monthly number, but it doesn't tell you whether your finances will work long-term. What matters is the total picture: alimony + your own income + your share of assets − your expenses, projected year by year. A $3,000/month alimony payment that lasts 7 years has very different implications than $2,000/month that lasts 15 years.
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