Incomes & Marriage

Guideline Formula

Estimated Monthly Alimony
Annual Amount
Estimated Duration
Total Over Duration
Payor Share of Gross Income
Tax treatment changed in 2019. For divorce or separation agreements signed after December 31, 2018, alimony is not tax-deductible for the payer and not taxable income for the recipient under federal law. Older agreements keep the old rules unless modified.

⚖️ Not legal advice. Real awards depend on the judge, state statutes, and negotiated agreements. These formulas are educational starting points; talk to a family law attorney.

Advertisement

State Formula Comparison

State / ApproachFormulaCapTypical Duration
Common guideline (AAML-style)30% of payor gross minus 20% of payee grossNo fixed capRoughly 30% to 75% of the marriage length
Texas (statutory)20% of payor average gross monthly income$5,000/moUp to 5, 7, or 10 years by marriage length
New York (no child support)Lesser of 30% payor minus 20% payee, and 40% of combined minus payee incomePayor income counted up to about $228,000 (adjusts annually)Advisory 15% to 50% of the marriage length
Illinois (statutory)33.3% of payor net minus 25% of payee netPayee income plus maintenance held to 40% of combined netMarriage years times a 0.20 to 0.80 factor
Most other statesJudicial discretion guided by statutory factorsVariesVaries by judge and case

Only a handful of states publish a true formula. Everywhere else, these numbers work as negotiation anchors rather than predictions.

Illinois Duration Factors

Years MarriedDuration FactorYears MarriedDuration Factor
Under 50.20120.52
50.24130.56
60.28140.60
70.32150.64
80.36160.68
90.40170.72
100.44180.76
110.48190.80
20 or moreCourt may order the length of the marriage, or an indefinite term

Multiply the factor by the years married. A 12-year marriage gets 12 × 0.52, which is 6.24 years of maintenance.

How the Alimony Calculator Works

Alimony (also called spousal support or maintenance) is money one spouse pays the other after a divorce, meant to soften the income gap the marriage leaves behind. This calculator estimates the monthly amount and duration from three inputs: each spouse's gross income and the length of the marriage.

The formulas

Most states have no formula at all, so the default here is the common 30/20 guideline that many attorneys use as a starting point: 30% of the payer's gross income minus 20% of the recipient's. Three states with real published rules are included too. Texas applies a hard cap, the lesser of $5,000 a month or 20% of gross monthly income, and usually requires 10 years of marriage. New York takes the lesser of two calculations and only counts payor income up to a statutory cap near $228,000. Illinois works from net income, 33.3% of the payer's minus 25% of the recipient's, then trims the result so the recipient's income plus maintenance stays at 40% of the couple's combined net. Since Illinois uses after-tax figures, this tool approximates net as 73% of gross.

How to use it

Enter both gross annual incomes and the years married, then switch between formulas to see how the same facts play out in different systems. The duration estimate follows each formula's own schedule, from Illinois's precise factor table to the loose multiplier ranges attorneys use with the 30/20 rule.

A worked example

Take a payer earning $120,000, a recipient earning $40,000, and a 12-year marriage under the common guideline. The math: 30% of $120,000 is $36,000, minus 20% of $40,000, which is $8,000. That leaves $28,000 a year, or about $2,333 a month. For duration, a 10-to-20-year marriage typically supports alimony for around 75% of its length, so 9 years here. Paid in full, that totals $252,000, which is why even rough guideline numbers are worth knowing before anyone signs anything.

Frequently Asked Questions

How is alimony calculated?

There's no national formula. Most states leave the amount to judges, who weigh incomes, marriage length, age, health, and earning capacity. Where guidelines exist, they're income percentages: the common 30/20 rule takes 30% of the payer's gross income minus 20% of the recipient's. On $120,000 and $40,000 incomes, that's about $2,333 a month.

How many years of marriage do you need for alimony?

Most states set no strict minimum, but length matters everywhere. Texas is the strictest mainstream example: court-ordered maintenance usually requires 10 years of marriage unless there's family violence or a disability. Shorter marriages produce shorter awards, and marriages past 20 years often support indefinite or long-term orders.

Is alimony taxable?

Not for agreements signed after December 31, 2018. Under federal law, the payer gets no deduction and the recipient reports no income. Older agreements keep the old treatment, deductible for the payer and taxable to the recipient, unless they're modified to adopt the new rules. A few states, including California, still differ on state returns.

What's the most alimony can be in Texas?

Texas caps court-ordered spousal maintenance at the lesser of $5,000 a month or 20% of the payer's average gross monthly income. A payer grossing $10,000 a month tops out at $2,000. The $5,000 ceiling only binds once gross income passes $25,000 a month. Couples can agree to more by contract.

Can alimony be changed later?

Usually, yes. Court-ordered support can be modified after a substantial change in circumstances, such as job loss, retirement, or disability, and it typically ends if the recipient remarries. Agreements can be made non-modifiable by contract, and lump-sum or property-based awards generally can't be changed.

Advertisement