How alimony is calculated: a 2026 state-by-state guide
Alimony — also called spousal support or spousal maintenance — is not calculated the same way in every state. A handful of states have binding statutory formulas. Most leave the amount almost entirely to a judge's discretion. This guide explains each approach, shows worked examples, and links to the free calculator for your state.
The four categories of alimony calculation
Every state falls into one of four broad categories based on how firmly its law constrains a judge:
- Statutory guideline — The law specifies an exact formula. Courts must apply it and must explain in writing any deviation. (New York, Illinois)
- Temporary guideline / local rule — A formula applies to temporary support during the divorce proceeding, but long-term (post-judgment) support is discretionary. (California, Colorado, Virginia)
- Cap or eligibility statute — The law sets ceilings on amount or duration, but doesn't prescribe an exact number. (Texas, Florida post-2023, Massachusetts)
- Fully discretionary — The judge weighs a list of statutory factors and sets whatever amount seems appropriate. (Most states)
How statutory guideline states work — New York example
New York's Domestic Relations Law §236(B)(5-a) is one of the most formula-driven alimony statutes in the country. When no child support is owed between the same parties, the formula is:
Amount = 30% × (payor income) − 20% × (payee income)
Subject to a cap: the payee's total income (existing income + award) must not exceed 40% of combined income.
The formula applies to income up to $241,000/year (2026 cap).
Example: Payor earns $8,000/month gross; payee earns $2,500/month gross.
- Formula: (30% × $8,000) − (20% × $2,500) = $2,400 − $500 = $1,900/month
- 40% cap check: payee would have $2,500 + $1,900 = $4,400; combined = $10,500; 40% = $4,200. Cap applies → award is reduced to $1,700/month.
Illinois — a close second in formula precision
Illinois (750 ILCS 5/504) uses net income (after-tax) rather than gross, and applies a two-part formula:
Amount = 33.33% × (payor net income) − 25% × (payee net income)
Cap: payee's combined income must not exceed 40% of combined net income.
Applies when combined gross income is below $500,000/year.
Illinois also has a statutory duration table (see How long alimony lasts), and courts must state their reasons in writing for any deviation — creating one of the most transparent systems in the US.
California — temporary guideline, long-term discretion
California Family Code §4320 lists 14 factors for permanent spousal support — income, earning capacity, marital standard of living, health, and more. There is no statewide formula for long-term support.
However, during a divorce proceeding, many California courts (especially Santa Clara County) apply a temporary guideline:
Temporary amount ≈ 40% × (payor net income) − 50% × (payee net income)
This figure is explicitly a temporary planning benchmark, not a guarantee of what a judge will award at the final hearing.Run the California calculator →
Texas — eligibility gates and a cap
Texas (Family Code Ch. 8) calls its award "spousal maintenance" and applies strict eligibility rules before any amount is calculated: the marriage must typically have lasted at least 10 years (or the recipient must be disabled, or the payor must have committed family violence). Once eligible, the amount is capped at the lesser of:
- 20% of the payor's average monthly gross income, or
- $5,000/month
Florida — durational reform (2023)
Florida abolished permanent alimony in 2023 and replaced it with a purely durational system. Courts now categorize marriages as short-term (<10 years), moderate-term (10–20 years), or long-term (20+ years), and alimony duration is capped at 50%/60%/75% of the marriage length respectively. Amount remains discretionary.Run the Florida calculator →
Fully discretionary states
In states like Georgia, Missouri, Nebraska, and most others, the judge weighs a list of statutory factors and sets whatever amount seems equitable. Common factors include:
- Each spouse's income and earning capacity
- Length of the marriage
- Standard of living during the marriage
- Age and health of each spouse
- Contributions as homemaker or caregiver
- Whether one spouse left the workforce for the family
- Fault (in some states)
For these states, our calculator produces a benchmark range based on the most commonly cited "AAML-style" formula (30%/20% of incomes). It is explicitly labeled as a benchmark, not a guideline.Read the full methodology →
Use the free calculator
Our calculator applies the correct formula (or benchmark) for each state automatically. Select your state, enter both gross incomes, and see an instant monthly estimate with the applicable statute cited.