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Has alimony come up, to pay or to receive? Learn whether your state uses a formula to set it.

Alimony Rules by State: Formula States and Discretionary States

Find your state in the two lists below to learn how alimony is set where you live: the formula states show the arithmetic, the discretionary states show the factors the judge weighs, and the duration section tells you how long it can last.

Quick answer

9 states set alimony with a statutory formula, an advisory guideline or limits tied to marriage length or income: Arizona, Colorado, Florida, Illinois, Massachusetts, New Hampshire, New Mexico, New York and Texas. 40 jurisdictions leave the amount to the judge under a list of factors (Kansas adds only a flat 121-month limit, K.S.A. 23-2904), and California and Pennsylvania use a formula only for temporary support while the case is pending. Illinois, for example, sets maintenance at 33 1/3 percent of the payor’s net income minus 25 percent of the payee’s, and Massachusetts limits general term alimony to between half and 80 percent of the marriage’s length in months for marriages of 20 years or less. Rules were checked on October 14, 2026.

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The free tool in this section answers your court fee and waiting period, not alimony.

Choose your state and answer four questions, and the filing date if you have it, to learn your filing fee, fee waiver path, residency rule, waiting period and the earliest date it allows, each with its source.

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By the Legal Cost by State Editorial TeamLast updated and source-checked October 14, 2026

What to do next

Three things you can settle before anyone names a number.

  1. 1

    Find which list your state is in

    The section below names the states with a formula, guideline or cap; every other state leaves the amount to the judge under a list of factors.

  2. 2

    In a formula state, write down the inputs the formula names

    Each spouse's net or gross income and the length of your marriage in months are what the Illinois, New Hampshire and Massachusetts rules read.

  3. 3

    In a discretionary state, read the factor list and note which apply

    Ohio's statute starts with the income of the parties from all sources; those factors are what a judge will ask you about, and some states still weigh fault.

Formula state or discretionary state: which is yours

Every state falls in one of these two groups.

Formula, guideline or cap (9 states)

Arizona, Colorado, Florida, Illinois, Massachusetts, New Hampshire, New Mexico, New York and Texas. The statute or a court-adopted guideline supplies a starting amount, a maximum length tied to the marriage, or both; a judge can usually depart from it only with a finding.

Discretionary (40 jurisdictions)

The statute lists the factors a judge must weigh and leaves the amount and the length to the judge. Several of these states still set outer limits on length.

Learn more. Tap a topic to open it.

Learn the arithmetic in Illinois, New Hampshire and Arizona, and which other states use a formula.

Learn the length limits tied to the marriage in Massachusetts, Illinois, Florida and others.

Learn the factors judges weigh where no formula applies, and where fault still counts.

Learn how support works while your case is pending, set by formula in California and Pennsylvania.

Frequently Asked Questions

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