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What You Need to Know about
Spousal Support
• Factors Affecting Alimony Payments
• In the United States, alimony is determined based upon different factors and elements
that occur at the time of the hearing. The period of alimony is also variable, and some
states, such as Texas, Montana, Kansas, Utah, Kentucky, and Maine, have precise
guidelines that judges must follow when awarding alimony.
• For example, in states such as Texas, Tennessee, and Mississippi, the monthly amount
paid is either $2,500 or 40% of the payer’s total monthly income, whichever is less. In
these states, alimony is also only awarded to a person if the marriage lasted at least ten
years, and is awarded for a period of three years (unless other circumstances exist).
• Some states, such as New York, consider any educational degree that were earned while
married; a part of the marital property. This means that the divorce decree will require
payment of the educated spouse to the other spouse a part of their expectant earnings
from employment gained as a result of the degree.
• Prenuptial Agreements
• In some cases, alimony may be waived. These cases include when there is a prenuptial
agreement in place in which the spouse as signed away their rights to any alimony.
However, if there are inequalities between the parties at the time of divorce that are too
large, the prenuptial agreement may be disallowed.
• If a party gets married in a state that allows prenuptial agreements to exclude alimony,
but then later divorces in a state that does not allow the exclusion of alimony, then the
laws of the state in which the divorce took place will prevail.