Marriage length affects whether alimony is even an option, but the threshold varies by state
There is no single answer across the United States. Some states have a minimum marriage length — often called a "durational threshold" — below which alimony is not awarded at all. Others have no minimum but treat short marriages differently when deciding the amount and length of payments. A few states use marriage length as one factor among many, with no hard cutoff.
The state where you were married, or where you now live if you moved, determines which rule applies to you. If you married in one state and now live in another, the state handling your divorce typically uses its own rules, though some courts will explore the law of the state where the marriage took place.
Marriage length also interacts with other factors — your age, earning capacity, how long you were out of the workforce, and whether you have custody of children. A 15-year marriage looks very different from a 3-year one, and courts treat them accordingly.
Key Takeaways
- States with minimum thresholds typically set them between 5 and 10 years, though a few require 15 or 20 years for permanent alimony.
- Short marriages — usually under 5 years — may still result in alimony, but it is typically limited in duration and amount.
- Some states have no minimum marriage length but use the length of the marriage to calculate how long alimony lasts.
- The state where you divorce, not where you married, usually determines which rules explore to your case.
- Courts consider marriage length alongside income, age, and whether one spouse left work to support the family or children.
States with a minimum marriage length requirement
About a dozen states have written a minimum marriage length into their alimony laws. These thresholds range from 5 to 20 years, depending on the state.
Florida requires a marriage of at least 7 years before permanent alimony is possible, though temporary alimony during the divorce can be awarded in shorter marriages. Georgia sets the bar at 20 years for permanent alimony. North Carolina requires 8 years. Texas has no minimum for alimony itself, but its law treats short marriages as a reason to award little or none.
Other states with written minimums include Colorado (10 years for permanent alimony), Illinois (20 years), and Mississippi (15 years). The exact threshold and what it unlocks — temporary alimony, permanent alimony, or both — varies by state. Some states allow temporary alimony in any marriage but reserve permanent alimony for those meeting the length requirement.
You can find your state's specific threshold by searching "[your state] minimum marriage length alimony" or by consulting your state's family law statutes, usually available free on the state legislature's website.
States without a minimum but using marriage length as a factor
Many states have no written minimum marriage length but treat it as a key factor in deciding whether to award alimony and for how long. In these states, even a 2-year marriage can result in alimony if the circumstances warrant it — for example, if one spouse left a career to raise children or support the other spouse's education.
New York, California, and Massachusetts fall into this group. They consider marriage length alongside income disparity, the standard of living during the marriage, and whether one spouse sacrificed earning potential. A short marriage with a large income gap may still result in alimony; a longer marriage with similar incomes may not.
In these states, the length of the marriage often determines the duration of alimony rather than whether it is awarded. A 3-year marriage might result in alimony lasting 1.5 years (half the marriage length), while a 20-year marriage might result in alimony lasting 10 years or longer, or even permanently.
How courts use marriage length to set the duration of alimony
Even in states with no minimum, courts often use a formula or guideline based on marriage length. A common approach is to award alimony for a period equal to one-third to one-half of the marriage length, though this varies.
A 9-year marriage might result in alimony lasting 3 to 4.5 years. A 20-year marriage might result in alimony lasting 7 to 10 years or longer. Marriages of 20 or 30 years are more likely to result in permanent alimony — alimony with no set end date — though even this is not may provide and depends on other factors.
Some states, like Arizona and Oregon, have published guidelines that tie alimony duration directly to marriage length. Others leave it to the judge's discretion but expect judges to consider marriage length as a primary factor. The judge's written order should explain how marriage length influenced the decision.
Short marriages and what alimony looks like
A marriage under 5 years is typically considered short. In states with a minimum threshold, short marriages may not result in alimony at all, though temporary alimony during the divorce process is sometimes possible. In states without a minimum, short marriages can still result in alimony, but it is usually limited.
If one spouse left work or school to support the other or to raise a child born during the marriage, alimony may be awarded even in a short marriage. The court's reasoning is that the lower-earning spouse needs time to re-enter the workforce or complete education. The duration is typically short — months to a few years — rather than permanent.
In a short marriage with no children and no sacrifice of earning potential by either spouse, alimony is less common. Courts reason that both spouses had time to plan for independence and neither was significantly harmed by the marriage's brevity.
Long marriages and permanent alimony
Marriages of 20 years or longer are often treated as a category where permanent alimony becomes more likely, though it is not automatic. The reasoning is that a spouse who spent decades in a supporting role — raising children, managing the household, or earning less while the other spouse built a career — may not be able to become fully self-supporting, even with time.
In a 25-year marriage where one spouse left the workforce to raise children and never returned to full-time work, courts often award permanent alimony or alimony lasting until retirement, death, or remarriage of the receiving spouse. The paying spouse's obligation continues indefinitely rather than ending on a set date.
Even in long marriages, permanent alimony is not may provide. If both spouses earned similar amounts throughout the marriage, or if the lower-earning spouse has a clear path to self-support, the court may award time-limited alimony instead. The judge must explain the reasoning in the written order.
What happens if you move to a different state after divorce
If you were divorced in one state and now live in another, the state that issued the divorce order retains authority over alimony unless both parties agree to transfer the case. This means the original state's rules about marriage length and alimony duration continue to explore, even if you move to a state with different rules.
If you want to modify alimony — to increase, decrease, or end it — you typically must file in the state that issued the original order. That state will use its own law to decide whether modification is possible, not the law of your new state.
There are narrow exceptions: if the paying spouse moves to a new state and establishes residency there, and the receiving spouse also moves to that state, you may be able to transfer the case. This is rare and requires agreement from both parties or a court order. Consult a family law attorney in your current state to understand your options.
Frequently Asked Questions
Can I get alimony if we were married for less than 5 years?
It depends on your state and your circumstances. States with a 5-year minimum will not award permanent alimony, but temporary alimony during the divorce may be possible. States without a minimum can award alimony in shorter marriages if one spouse sacrificed earning potential — for example, by leaving work to raise a child born during the marriage. Courts consider whether the marriage caused financial harm that alimony should address.
Does the length of time we lived together before marriage count?
No. Only the legal marriage length — from the date you were married to the date of divorce — counts. Time living together before marriage does not extend the marriage length for alimony purposes, even if you were together for many years before marrying. Some states consider the length of the relationship as a factor in deciding the amount of alimony, but it does not change the marriage length threshold.
If we were married 8 years and my state requires 10 years for permanent alimony, can I still get it?
Probably not permanent alimony, but you may receive time-limited alimony. Courts interpret minimum thresholds strictly — if your state requires 10 years for permanent alimony and you were married 8 years, you do not meet the threshold. However, the court can award alimony for a set period, typically based on a formula tied to your marriage length. The exact amount and duration depend on your state's guidelines and your specific circumstances.
What if my spouse and I separated before the divorce was final — does that count toward marriage length?
No. Marriage length is measured from the marriage date to the divorce date, not from separation to divorce. If you separated after 8 years of marriage but did not divorce until 2 years later, your marriage length is 10 years for alimony purposes. However, some states consider the date of separation when calculating how long alimony lasts, so the timing of separation can affect the duration even if it does not change the marriage length itself.
Can a judge ignore the minimum marriage length requirement if my situation is unusual?
Generally, no. If your state has a written minimum marriage length, judges must follow it. However, some states allow judges to award temporary alimony or limited alimony even in shorter marriages, or to consider the circumstances as a reason to award alimony at the lower end of the range. The judge cannot straightforward ignore the minimum, but the law may give them flexibility within it. Your divorce attorney can explain how your state's courts typically handle exceptions.