Alimony Formulas by State (2026): Who Uses a Formula
Most states leave alimony to a judge's discretion — but a growing number use a formula written into law. This table compares the states we cover that have one, with the exact formula and what it applies to.
| State | Guideline formula | What it covers | Statute |
|---|---|---|---|
| Alabama | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Ala. Code § 30-2-57 |
| Alaska | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | AS 25.24.160(a)(2) |
| Arizona | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | A.R.S. § 25-319 and the 2023 Spousal Maintenance Guidelines |
| Arkansas | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Ark. Code § 9-12-312 |
| California | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Cal. Fam. Code § 4320 |
| Colorado | (40% combined − lower income) × 80/75% | Advisory guideline (3–20 yr marriages) | C.R.S. § 14-10-114 |
| Connecticut | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | C.G.S. § 46b-82 |
| Delaware | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | 13 Del. C. § 1512 |
| District of Columbia | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | D.C. Code § 16-913 |
| Florida | 35% of income difference (net), duration by marriage length | Durational alimony (statutory cap; no permanent alimony) | Fla. Stat. § 61.08 (as amended by SB 1416, 2023) |
| Georgia | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | O.C.G.A. §§ 19-6-1, 19-6-5 |
| Hawaii | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | HRS § 580-47 |
| Idaho | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Idaho Code § 32-705 |
| Illinois | 33⅓% payer − 25% recipient (net) | Post-divorce maintenance (statutory formula) | 750 ILCS 5/504(b-1) |
| Indiana | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Ind. Code § 31-15-7-2 |
| Iowa | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Iowa Code § 598.21A |
| Kansas | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | K.S.A. §§ 23-2902, 23-2904 |
| Kentucky | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | KRS 403.200 |
| Louisiana | Cap: lesser of $1,000,000,000,000/mo or 33% of gross | Post-divorce maintenance (cap, restrictive eligibility) | La. Civ. Code arts. 111–112 |
| Maine | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | 19-A M.R.S. § 951-A |
| Maryland | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Md. Code, Fam. Law § 11-106 |
| Massachusetts | 30–35% of income difference (gross), duration by marriage length | General term alimony (statutory cap + duration schedule) | M.G.L. c. 208 §§ 49, 53 |
| Michigan | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | MCL 552.23 |
| Minnesota | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Minn. Stat. § 518.552 |
| Mississippi | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Miss. Code § 93-5-23; Armstrong v. Armstrong factors |
| Missouri | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | RSMo § 452.335 |
| Montana | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | MCA § 40-4-203 |
| Nebraska | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Neb. Rev. Stat. § 42-365 |
| Nevada | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | NRS 125.150 |
| New Hampshire | 23% of income difference (gross), duration by marriage length | Durational alimony (statutory cap; no permanent alimony) | RSA 458:19-a |
| New Jersey | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | N.J.S.A. 2A:34-23 |
| New Mexico | 30%/50% no kids · 30%/50% with kids (gross) | Temporary support while the case is pending | NMSA § 40-4-7; NM Supreme Court Alimony Guidelines |
| New York | 30%/20% or 20%/25% (gross, income cap $241,000) | Post-divorce maintenance (presumptive formula) | N.Y. Domestic Relations Law § 236(B)(6) |
| North Carolina | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | N.C.G.S. §§ 50-16.3A, 50-16.2A |
| North Dakota | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | N.D.C.C. § 14-05-24.1 |
| Ohio | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | ORC § 3105.18 |
| Oklahoma | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | 43 O.S. § 121 |
| Oregon | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | ORS 107.105(1)(d) |
| Pennsylvania | 33%/40% no kids · 25%/30% with kids (net) | Temporary support while the case is pending | 231 Pa. Code Rule 1910.16-4 |
| Rhode Island | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | R.I. Gen. Laws § 15-5-16 |
| South Carolina | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | S.C. Code § 20-3-130 |
| South Dakota | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | SDCL § 25-4-41 |
| Tennessee | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Tenn. Code § 36-5-121 |
| Texas | Cap: lesser of $5,000/mo or 20% of gross | Post-divorce maintenance (cap, restrictive eligibility) | Tex. Fam. Code §§ 8.054–8.055 |
| Utah | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Utah Code § 81-4-502 (formerly § 30-3-5) |
| Vermont | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | 15 V.S.A. § 752 |
| Virginia | 27%/50% no kids · 26%/58% with kids (gross) | Temporary support while the case is pending | Va. Code § 16.1-278.17:1 |
| Washington | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | RCW 26.09.090 |
| West Virginia | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | W. Va. Code § 48-6-301 |
| Wisconsin | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Wis. Stat. § 767.56 |
| Wyoming | No statutory formula — courts weigh factors (rule-of-thumb estimate shown) | Discretionary (case by case) | Wyo. Stat. § 20-2-114 |
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Covering 51 states so far — more are added in weekly batches. Figures reflect each page's last review date; click a state for the calculator, worked examples, and source citations.