Spousal maintenance is money that one ex-spouse may have to pay to the other after a divorce or legal separation. The main purpose is to help the lower-earning spouse cover basic living expenses while they work on becoming financially independent.
Why Does Spousal Maintenance Exist?
Spousal maintenance exists to fix financial unfairness that can happen after a breakup. For example:
- One spouse may have stayed home to raise kids.
- One may earn much less than the other.
- One may need time to get job training or education.
The court wants to make sure both people can support themselves, especially if one gave up work opportunities during the marriage.
Is Spousal Maintenance the Same as Alimony?
Yes, but the name depends on the state. Some states use “alimony,” others use “spousal support” or “spousal maintenance.” For example:
| Term Used | Common in States Like |
| Alimony | California, Florida |
| Spousal Support | New York (Family Court) |
| Spousal Maintenance | Arizona, New York (Supreme Court) |
All of these mean financial help from one spouse to another after separation or divorce.
Who Can Get Spousal Maintenance?
A person can ask for spousal maintenance if:
- They were legally married.
- They can’t support themselves right away.
- The other spouse can afford to pay.
Courts look at fairness, not just who earned more.
Key Takeaways
- Spousal maintenance is court-ordered financial support after separation or divorce.
- Terms differ by state: some use “alimony” or “spousal support.”
- Not automatic—you must request it and show financial need.
- Courts consider income, marriage length, health, and ability to work.
- Support may be temporary or long-term, depending on the case.
- It can be modified if income or life situations change.
- Unpaid maintenance can be enforced by court actions like wage garnishment.
- Legal help isn’t required, but it improves your chances of success.
- State laws vary, so local rules and courts matter.
- Men or women can receive spousal maintenance—it’s based on need, not gender.
What’s the Difference Between Spousal Support and Spousal Maintenance?
Spousal support and spousal maintenance mean almost the same thing, but the words are used in different courts or states. The key difference comes down to when and where the money is ordered.
When Do Courts Use “Spousal Support” vs. “Spousal Maintenance”?
- Spousal Support is often used in Family Court, especially in New York. It’s usually given before a divorce is final to help one spouse manage daily expenses.
- Spousal Maintenance is usually ordered by Supreme Court after the divorce is done. It covers longer-term support.
Do All States Use the Same Words?
No. Different states use different terms:
| Term Used | Usually Means | Common in These States |
| Spousal Support | Temporary payments before divorce | New York (Family Court) |
| Spousal Maintenance | Ongoing support after divorce | New York (Supreme Court), Arizona |
| Alimony | General term for post-divorce payments | California, Texas, Florida |
Why Does Terminology Matter?
The name can affect:
- Which court you file in
- What forms to use
- How long the support lasts
- Whether the payment is temporary or permanent
Using the right word helps you follow the correct legal process.
When Is Spousal Maintenance Awarded?
Spousal maintenance is awarded when one spouse needs financial help after a separation or divorce. The court looks at whether the person asking for support can meet their basic needs without help. If they can’t, and the other spouse can afford to pay, the court may order maintenance.
There are common situations where spousal maintenance is more likely. For example, if one spouse stayed home to raise children and hasn’t worked in years, they may need time to get job skills or find work. If one spouse is sick or has a disability that makes working hard, that can also be a reason to get support. Long marriages often lead to maintenance awards, especially when there’s a big income gap between the two people.
The timing also matters. Maintenance can be awarded while the divorce is still happening—this is called temporary maintenance. It can also be awarded after the divorce is final, either for a set period or sometimes without a fixed end date, depending on the law in that state.
Courts don’t give maintenance automatically. The person asking for it usually needs to show proof, like income statements, bills, or work history. Judges look at both people’s finances, how long the marriage lasted, and what each person contributed to the marriage before deciding.
How Do Courts Decide Spousal Maintenance Amounts?
Courts decide the amount of spousal maintenance by looking at several key factors. The goal is to make the outcome fair based on both people’s financial situations. Judges review income, expenses, earning ability, and how each spouse lived during the marriage.
One important factor is how much each person earns. If one spouse earns much more than the other, the court may order payments to help balance things. Courts also consider how long the marriage lasted—longer marriages often lead to higher or longer-lasting payments.
Another factor is each person’s future earning potential. If one spouse gave up a career to take care of the home or raise children, they might need more support to get back into the workforce. Age, health, and education level also play a role. If someone is close to retirement or has health problems, they might get more support.
Some states, like New York, use a spousal maintenance calculator or set formulas to guide decisions. These formulas use the income of both spouses and apply specific percentages to suggest a support amount. However, judges can still adjust the result if the numbers seem unfair.
Courts also review basic living expenses, such as housing, food, and transportation. If a spouse can’t afford those after the divorce, support is more likely.
How Long Does Spousal Maintenance Last?
The length of spousal maintenance depends on the situation. Courts don’t use one rule for every case—they decide based on the length of the marriage, the needs of the receiving spouse, and what the law allows in that state.
In many cases, maintenance is temporary. This means the payments only last for a certain number of months or years. Temporary maintenance gives the lower-earning spouse time to find a job, go back to school, or get work experience. Some support ends once the person becomes self-supporting.
For long-term marriages, the court might order longer or even indefinite maintenance. This is more common if the receiving spouse is older, in poor health, or unlikely to become financially independent. However, permanent support is rare and usually only happens when one spouse can’t support themselves at all.
Maintenance usually ends if the person getting support remarries or if either person dies. In some states, it can also end if the receiving spouse lives with a new partner.
Courts can also decide a specific end date based on a plan. For example, the judge might say support ends after three years or when a job training program is done.
Can Spousal Maintenance Be Modified?
Yes, spousal maintenance can be changed if there’s a good reason. The court calls this a “modification.” Either spouse can ask for a change if something major has happened since the original order.
A common reason for modification is a change in income. If the person paying support loses their job, gets a pay cut, or becomes sick and can’t work, they may ask the court to lower or stop the payments. On the other hand, if the receiving spouse gets a better job or starts earning much more, the paying spouse might ask to reduce the amount.
Another reason is a change in needs. If the receiving spouse no longer needs help—maybe they finished school or no longer have high expenses—the court may lower or stop the payments.
Some changes happen automatically. For example, maintenance often ends if the receiving spouse gets remarried. Courts also check if the person is living with a new partner, which could reduce or stop the need for support.
To get a modification, the person must file a request in court and show proof of the change. The court then decides if the change is big enough to update the order.
What If Spousal Maintenance Isn’t Paid?
If spousal maintenance isn’t paid, the person who’s supposed to receive the money can ask the court to enforce the order. Courts take unpaid support seriously, and there are legal ways to make sure the money is paid.
One common way is wage garnishment. This means the court takes money directly from the paying spouse’s paycheck and sends it to the person who is owed support. It’s automatic and continues until the debt is paid off.
Another option is filing a violation case in Family Court. The judge may order the person to pay what they owe, called “arrears.” If they still don’t pay, the court can charge fines, take away driver’s licenses, or even send the person to jail for contempt of court.
Some states use a Support Collection Unit (SCU) to help track and collect payments. SCU makes sure payments go out on time and keeps records in case there’s a problem.
If payments stop, it’s important to act quickly. Waiting too long can make it harder to collect the full amount.
How to Request Spousal Maintenance in Family Court
To request spousal maintenance, the first step is to file a petition in Family Court. This is a legal form where you ask the judge to order support from your spouse or ex-spouse. You don’t need to be divorced yet to ask for this kind of help.
You’ll need to give the court some basic information, including:
- Your income and expenses
- Your spouse’s income (if known)
- Why you need financial support
- Any proof, like pay stubs, rent bills, or medical records
In New York, for example, you can file this petition in Family Court if you’re not yet divorced. If you’re already divorced or filing for divorce, the request usually goes to Supreme Court instead.
Once the petition is filed, the court schedules a hearing. Both people must attend. At the hearing, the judge reviews the documents, listens to both sides, and decides if support should be given, how much, and for how long.
If you can’t afford a lawyer, you may qualify for help from Legal Aid or get a court-appointed attorney. Some family courts also have help centers that can guide you through the process.
Common Myths About Spousal Maintenance
Many people have the wrong idea about how spousal maintenance works. These myths can lead to confusion, missed opportunities, or false expectations during a divorce or separation.
One common myth is that only women get spousal maintenance. In truth, either spouse can receive support—it’s based on income and need, not gender. Courts look at who needs help, no matter if they’re the husband or wife.
Another myth is that spousal maintenance lasts forever. In most cases, it only lasts for a limited time. The court usually sets an end date or stops it when the receiving spouse becomes financially stable, remarries, or moves in with a new partner.
Some people believe that spousal maintenance is automatic. That’s false. A judge must order it, and the spouse asking for support must prove they need help and that the other person can pay.
People also think that spousal maintenance is tax-deductible, but that’s no longer true for most cases. Since 2019, federal tax law has changed. The person paying can’t deduct it, and the person receiving it doesn’t pay tax on it either—for agreements made after January 1, 2019.
Do You Need a Lawyer for Spousal Maintenance?
You don’t always need a lawyer to ask for spousal maintenance, but having one can make the process easier—especially if the case is complex or the other spouse already has legal help. A lawyer understands the rules, helps you fill out the right forms, and speaks for you in court.
If you and your spouse agree on the amount and length of support, you might not need a lawyer. You can write up an agreement and have the court approve it. But if there’s conflict—like disagreements over income, living expenses, or job status—it’s a good idea to get legal advice.
Low-income individuals may qualify for free legal help from programs like Legal Aid, legal clinics, or family court help centers. These services can guide you through the process and may even give you a lawyer for your case.
Trying to handle spousal maintenance on your own can be risky if you miss a deadline, file the wrong form, or don’t present enough proof. A lawyer makes sure your case is complete and helps protect your rights.
State-Specific Spousal Maintenance Guidelines
Spousal maintenance rules aren’t the same everywhere—each state has its own laws, formulas, and court systems. That means what applies in New York might be very different from Arizona or California.
For example, New York uses a specific spousal maintenance calculator to help judges decide how much support should be paid. This formula considers both spouses’ incomes and includes set percentages. The law also separates temporary maintenance (while the divorce is ongoing) from post-divorce maintenance (after the divorce is final). Both are decided in the Supreme Court, unless you’re only separated—then Family Court may be used.
In Arizona, courts look more at individual factors than formulas. Judges consider things like how long the marriage lasted, both spouses’ financial situations, health conditions, and whether one spouse helped the other with career or education goals.
California uses the term “alimony” and has its own guidelines, often based on how long the marriage lasted. For marriages under 10 years, support usually lasts half the length of the marriage. Longer marriages can lead to longer support orders.
Because laws vary so much, it’s important to check the rules in your state or ask a local legal aid group for guidance. Filing in the wrong court or using the wrong form can delay your case.