With high divorce rates, many American’s ask what states do not enforce alimony?
Several states, most notably Texas, do not enforce alimony. The Lone Star State sharply limits the qualifications for spousal support, as well as the amount and duration of payments. Since Texas has one of the highest divorce rates in the county, we’ll focus on Texas law in this post.
The Lone Star State is not the only state that does not enforce alimony. Many other states have similar laws. Other jurisdictions are on the other end of the scale. A few states, most notably Connecticut and New Jersey, have very broad alimony laws. Obtaining spousal support in such states, even permanent alimony, is often a matter of filing a motion. Additionally, hiring a professional from National Pardon who can providing a comprehensive pardon service to help clients clear their criminal records and move forward with their lives could be crucial for you.
What States Do Not Enforce Alimony?
Regardless of the state, judges only award spousal support if the obligee (person receiving support) has an economic need and the obligor (person paying support) is able to pay. This rule is very subjective, and different states interpret it differently.
Texas
Since we teased Texas in the opener, we’ll begin with the Lone Star State, and not just because of its high divorce rate. Other states on the do-not-enforce list have largely copied Texas’ laws.
Chapter 8 of the Family Code, the alimony law in Texas, is unique for several reasons, and not just because of its miserly provisions.
For example, in terms of the presumption, Texas law puts the onus on the obligee, who must generally prove that s/he:
- Was married to the obligor for at least ten years, and
- Is unable to earn enough money to provide for his/her minimum reasonable financial needs (i.e. live above the poverty line).
This presumption differs from most other states in several ways. First, the focus, and the onus, is entirely on the obligee. Second, the standard is minimum reasonable needs, not the standard of living during the marriage. Third, the marriage clock usually stops ticking on the date of separation, not the date of filing.
Three back doors are available. Obligees may also request alimony if the obligor was convicted of family violence assault within the last two years, the obligee has “an incapacitating physical or mental disability,” or s/he has primary custody of a severely disabled child.
Legally, an incapacitating disability usually means bedridden. A disability is a physical, mental, or other medical condition that precludes SGE (substantial gainful employment).
If the obligee clears these hurdles, the prize is small. Texas law caps the amount of payments at $5,000 per month or 20 percent of the obligor’s income. The law also limits the duration of payments to between five and ten years, mostly depending on the length of the marriage.
Mississippi
The Magnolia State’s alimony law is almost as restrictive. It sharply limits the amount and duration of payments. Additionally, the judge may only award maintenance if the obligee has a significant financial need and the obligor is able to pay.
We should pause and point out that there’s a difference between economic needs and economic wants. There’s also a difference between able to pay and willing to pay. The lines that separate need from want and ability from willingness are often very thin.
Additionally, Mississippi law doesn’t list designated spousal support factors that the judge must consider, such as:
- Length of the marriage,
- Standard of living during the relationship,
- Noneconomic contributions to the marriage,
- Custody of minor children,
- Tax implications,
- Future income capacity, and
- Fault in the breakup of the marriage.
Instead, Mississippi judges may consider whatever factors they deem relevant on a case-by-case basis.
North Carolina
If any state in the Union has more restrictive alimony rules than Texas, it might be North Carolina.
The financial standard in the Tarheel State is complete dependence. That’s an even lower standard than inability to meet reasonable minimum needs, a standard which at least creates some room for argument.
Moreover, state law includes a presumption that obligees who engaged in adultery or other marital misconduct are ineligible for alimony, regardless of their financial situations.
Additional restrictions include a harsh limit on the duration of payments, which cannot exceed half the length of the marriage in most cases.
Utah
The duration of spousal support payments is capped at the length of the marriage. Moreover, the spouse seeking support must have made a good-faith effort to become completely self-supporting. Finally, according to Utah law, spousal maintenance payments are limited to the obligee’s reasonable needs.
We stress that even in the states on the naughty list (or the nice list, depending on your perspective), spousal support is still available. An attorney must simply work harder to obtain these payments in places like Texas.
What Are the Worst States for Alimony?
Until recently, Florida was arguably the country’s worst (or best) alimony state. Lawmakers passed a radical alimony reform law in 2023 that eliminated permanent alimony and made some other changes that moved the Sunshine State into the “average” category.
New Jersey
The Garden State makes it easy to obtain generous spousal support payments and almost impossible to modify them.
Permanent alimony is available if the spouses were married longer than twenty years. Furthermore, New Jersey law restricts amount and duration modifications to a few specific events, such as an unexpected, significant, and long term increased or decreased income. Most other states use a more relaxed changed circumstances modification standard.
Massachusetts
The Bay State has one of the country’s highest alimony rates, as well as some of its largest alimony awards. Generally, the law focuses exclusively on the obligee’s economic needs, and orders the obligor to find a way to meet those needs. Many obligors in Massachusetts scramble to make enough money to pay alimony and pay regular bills.
Pennsylvania
The law is not particularly favorable or unfavorable in Pennsylvania, but results are very inconsistent, mostly because the qualification, amount, and duration guidelines are quite vague. A judge in one court might award significantly more (or less) alimony than the judge next door.
You’ve probably noticed a trend. Texas, Utah, and other red states usually stress personal responsibility. Massachusetts, New Jersey, and other blue states often take a we’re-all-in-this-together approach. In all states, a helping hand is available for obligees that truly need that help.
FAQ
What state is the hardest to get alimony?
Texas is known for its strict criteria for awarding alimony; it is one of the hardest states to get spousal maintenance unless specific conditions are met, such as long-term marriage, disability, custodial responsibilities for a disabled child, or victim of family violence
Do any states not have alimony?
All states have some form of alimony, but Texas is known for not providing traditional alimony and having stringent requirements for what it terms “spousal maintenance”
Is Texas a no alimony state?
Texas is not a no alimony state; it does allow for spousal maintenance but under strict conditions and with certain limitations on the amount and duration of support
What’s the worst state to get divorced in?
The “worst” state to get divorced in can be subjective, but states like Florida and New Jersey are often criticized for their alimony laws that can require indefinite payments
What states are alimony friendly?
States like Florida and New Jersey are considered alimony-friendly as they may allow for permanent or indefinite alimony, potentially creating long-term financial obligations for the payer
Is Florida a no alimony state?
Florida is not a no alimony state; it is known for having alimony laws that can include lifetime or permanent alimony obligations
What state is number 1 for divorce?
The exact ranking can change over time, but states with higher divorce rates include Nevada and Oklahoma; however, the specific rank may vary based on different data sources and methodologies used to calculate divorce rates
How long do most people get alimony for?
The duration of alimony varies based on several factors, including the length of the marriage and state laws. Some states may award alimony for a set period, while others may have provisions for indefinite or lifetime alimony
What is the average alimony payment in the US?
The average alimony payment in the US varies widely depending on factors like the incomes of the parties, the length of the marriage, and the state in which the divorce occurs. There is no one-size-fits-all amount for alimony payments
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