States That Still Allow Permanent Alimony

Permanent alimony has not disappeared from American family law — it has just changed addresses. Florida grabbed national headlines in 2023 when it abolished indefinite spousal support entirely under SB 1416, but that move was the exception, not the trend. The majority of U.S. states still allow courts to award alimony with no fixed end date when the facts support it — and for many people going through a long-term divorce, understanding which states still permit permanent alimony can affect financial planning decisions during and after divorce.

This article covers which states still authorize permanent alimony, which have abolished or hard-capped it, what qualifying conditions courts require, and how recent reforms have reshaped the landscape without eliminating indefinite support from most of the country. For a broader overview of how spousal support works nationally, see how alimony works in the United States.

What Is Permanent Alimony and How Is It Different From Other Types?

Permanent alimony is spousal support ordered without a fixed termination date — it continues until the recipient remarries, either party dies, or a court modifies or terminates the award based on a substantial change in circumstances. “Permanent” refers to duration, not immunity from change. Every state that permits it also allows modification.

That matters in practice because most other types of alimony carry built-in end dates. Rehabilitative alimony ends when the recipient completes education or training. Durational alimony expires after a court-set period, often tied to a percentage of the marriage length. Reimbursement alimony compensates for specific contributions and terminates once paid.

Permanent alimony fills the gap where none of those structures work — typically when a spouse cannot realistically become self-supporting due to age, health, or a decades-long absence from the workforce. A court evaluating a 58-year-old recipient who left a $70,000 career 25 years ago to raise children is not looking at rehabilitative potential. It is looking at whether self-sufficiency is a realistic outcome at all.

Some states have moved away from the term “permanent” while keeping the substance. Minnesota renamed it “indefinite maintenance” in 2024 under Minn. Stat. §518.552. New Jersey replaced it with “open durational alimony” in 2014 under N.J.S.A. §2A:34-23. The labels changed. The court’s authority to award support with no end date did not.

The 2019 tax law change under the Tax Cuts and Jobs Act fundamentally changed how alimony is treated federally — see how the TCJA affects alimony.

Which States Still Allow Permanent Alimony in 2026?

Most U.S. states still allow permanent or indefinite alimony — either without a statutory duration cap or after a marriage-length threshold such as 20 years.

States fall into two groups. The first group authorizes indefinite alimony with no marriage-length prerequisite. Courts in these states have full discretion to set duration based on the facts — and if the facts warrant an open-ended award, no statutory cap prevents it. This includes states like North Carolina under G.S. §50-16.3A(b), which explicitly states that “the duration of the award may be for a specified or for an indefinite term,” and Oregon under ORS 107.105(1)(d)(C), which authorizes spousal maintenance “for either a specified or an indefinite period.”

The second group ties indefinite alimony to a marriage-length threshold. Massachusetts under M.G.L. c. 208 §49(c) permits indefinite “general term alimony” only for marriages exceeding 20 years — shorter marriages face duration caps ranging from 50% to 80% of the marriage length. Delaware under 13 Del. Code §1512(d) caps alimony at 50% of the marriage term but removes the cap entirely for marriages of 20 years or longer.

Take a situation where a couple divorces after 22 years in Virginia. One spouse earned $140,000 annually while the other worked part-time at $28,000 after leaving a full-time position to manage the household. Under Va. Code §20-107.1, the court may award permanent maintenance — and the income gap, combined with the length of the marriage and the recipient’s diminished earning capacity, is exactly the fact pattern courts evaluate when deciding whether an open-ended award is warranted.

The table below shows permanent alimony status across all 50 states and DC based on current statutes.

Which States Have Abolished or Severely Restricted Permanent Alimony?

Eight states have either banned permanent alimony outright or imposed hard statutory caps that make indefinite awards effectively impossible.

Florida is the most prominent. Governor DeSantis signed SB 1416 on March 24, 2023, effective July 1, 2023 — abolishing permanent alimony for all new cases. Durational alimony now caps at 50% of marriage length for short-term marriages, 60% for moderate-term, and 75% for long-term. The bill passed after a decade of failed reform attempts and three prior vetoes.

North Dakota is the only other state that explicitly bans permanent alimony by name. N.D.C.C. §14-05-24.1(2) states: “The court may not award permanent spousal support.” Duration caps of 50–80% of marriage length apply by bracket, and even marriages over 20 years receive only “a limited time as determined by the court.”

The remaining six restricted states impose structural barriers. Texas under Tex. Fam. Code §8.054 caps maintenance at 5 to 10 years depending on marriage length, with a $5,000 monthly income ceiling. Indiana under IC §31-15-7-2 limits maintenance to incapacity-based support or a 3-year rehabilitative cap — no general alimony exists. Kansas under K.S.A. §23-2904 imposes a hard 121-month maximum. Utah under Utah Code §30-3-5(8)(j) caps duration at the number of years the marriage existed. New Hampshire under RSA 458:19-a caps term alimony at 50% of marriage length, with a narrow “justice requires” exception. Arizona under A.R.S. §25-319 limits maintenance to the period needed for self-sufficiency.

Here’s how this plays out in practice. Say a couple divorces after 25 years in Kansas. Even with a massive income gap and a recipient who never worked, the court cannot award alimony beyond 121 months — roughly 10 years. That same couple in Ohio would face no statutory duration cap at all under ORC §3105.18, where the court awards support “as it considers equitable.”

What Does “Open Durational” Alimony Mean — Is It the Same as Permanent?

New Jersey’s 2014 reform replaced “permanent alimony” with “open durational alimony” under N.J.S.A. §2A:34-23 — and the distinction is almost entirely semantic for long marriages. Open durational alimony carries no fixed end date and is routinely awarded when a marriage lasted 20 years or more.

The reform added a presumption against open durational awards for marriages under 20 years and codified retirement as a basis for seeking modification. But the core authority — a court ordering support without a termination date — survived intact. Courts still award it regularly in long marriages with significant earning disparities.

The label swap is worth understanding because some sources incorrectly claim New Jersey “abolished” permanent alimony. It did not. It renamed it and added guardrails around shorter marriages. For a recipient in a 25-year marriage with a $50,000 vs. $180,000 income gap, the practical outcome under New Jersey’s open durational framework looks functionally identical to what permanent alimony looked like before 2014.

Minnesota followed a similar path in 2024. HF 3204 renamed “permanent maintenance” to “indefinite maintenance” under Minn. Stat. §518.552, effective August 1, 2024. The rebuttable presumption favoring indefinite awards for marriages of 20 years or more remained untouched.

Do You Have to Be Married a Long Time to Get Permanent Alimony?

In most states that set a threshold, 20 years is the dividing line — but permanent alimony is not exclusively a long-marriage remedy, and the threshold is not universal.

Massachusetts under M.G.L. c. 208 §49(c) is one of the clearest examples: indefinite alimony is available only for marriages exceeding 20 years. Marriages of 5 years or fewer face a 50% duration cap; 10 to 15 years face 70%; 15 to 20 years face 80%. California takes a different approach — Cal. Fam. Code §4336 retains court jurisdiction indefinitely for marriages of “long duration,” presumed at 10 years or more.

But many states that allow permanent alimony impose no marriage-length threshold at all. In Maryland under Fam. Law §11-106(c), the trigger is not marriage length — it is whether the recipient cannot become self-supporting due to age, illness, or disability, or whether the parties’ standards of living would be “unconscionably disparate” even after rehabilitation. Rhode Island under §15-5-16(c)(2) ties indefinite awards to the same factors — earning capacity, standard of living, ability to become self-supporting — without any marriage-length gate.

Take a situation where a 12-year marriage ends in Rhode Island and the recipient has a progressive neurological condition that prevents employment. No 20-year threshold blocks the court from awarding indefinite support. The court evaluates the facts — not a calendar.

Can Permanent Alimony Be Modified or Terminated?

Permanent alimony is modifiable in every state that allows it — the word “permanent” describes duration indeterminacy, not a guarantee that payments will never change. Courts modify or terminate permanent awards on the same legal standard used for any other alimony modification: a substantial change in circumstances.

Standard termination triggers apply across the board. Remarriage of the recipient ends permanent alimony automatically in most states — no court petition required. Death of either party terminates the obligation. Cohabitation by the recipient may trigger suspension, reduction, or termination depending on the state’s statutory definition. Retirement by the payor is increasingly codified as a basis for seeking modification, though it does not automatically end the award.

The misconception that permanent alimony means “paying forever no matter what” is one of the most persistent in family law. It is also one of the most wrong. A payor who loses a job, suffers a serious illness, or reaches retirement age has the same right to petition for modification as any other support obligor. The court evaluates whether the change is real, documented, and beyond the payor’s control.

Here’s the practical difference. Say a payor under a permanent alimony order in Washington state retires at 66 after 30 years of employment. Under RCW 26.09.090, the court would evaluate whether the retirement was in good faith, whether fixed retirement income can sustain the obligation, and whether the recipient’s financial circumstances have changed since the original order. Permanent does not mean immune to review.

Did Florida Really Abolish Permanent Alimony?

Yes. SB 1416, effective July 1, 2023, eliminated permanent alimony for all cases filed on or after that date. Florida now recognizes only four types of alimony: temporary, bridge-the-gap, rehabilitative (capped at 5 years), and durational (capped at a percentage of marriage length).

The reform was the culmination of over a decade of legislative battles. Prior bills were vetoed in 2013, 2016, and 2022 before Governor DeSantis signed SB 1416 in March 2023.

Existing permanent alimony awards entered before July 1, 2023 were not automatically terminated. But the new law created a framework for payors to seek modification — including a provision allowing modification upon the payor’s retirement, with a presumption that no alimony is owed after reaching full Social Security retirement age.

Florida’s reform is nationally significant because it is the most complete abolition of permanent alimony by any major state. But it has not triggered a domino effect. Most states that considered similar reforms in 2024 and 2025 declined to follow Florida’s full abolition model.

Is Permanent Alimony Still Awarded Today?

Courts still award permanent alimony in most states — but they do it less frequently than 20 years ago and almost exclusively in long marriages with large income gaps. The trend is toward time-limited, rehabilitative, or durational awards with built-in review dates.

Why Courts Still Award Permanent Alimony

When a judge awards indefinite support, it is not a default or a reward. It is a conclusion that rehabilitation is not realistic given the recipient’s circumstances. Courts look at four factors that consistently drive permanent awards.

Age and workforce absence top the list. A 60-year-old recipient who has not worked in 28 years is not a candidate for rehabilitative alimony — the court recognizes that re-entering the workforce at a competitive salary is not a plausible outcome. The income gap matters next. A $35,000 vs. $160,000 earning disparity after a long marriage creates the kind of economic imbalance that durational support often cannot fully address. Health limitations — chronic illness, disability, or conditions that prevent sustained employment — are the third driver. And the marital standard of living closes the analysis: courts evaluate what it costs to maintain the lifestyle the marriage produced and whether the recipient’s resources alone can cover it.

The difference between states shows up in how strictly they gate access to indefinite awards. Massachusetts under M.G.L. c. 208 §49(c) requires a 20-year marriage before indefinite alimony is even available — below that threshold, duration caps apply regardless of the facts. Maryland under Fam. Law §11-106(c) has no marriage-length gate at all — a court can award indefinite support in a 12-year marriage if the recipient’s age, illness, or disability makes self-sufficiency unrealistic. Same concept, different entry point.

The shift is practical, not statutory. In most states, judges retain the authority to award indefinite support — they are simply exercising it more selectively. Alimony after a long marriage remains the strongest candidate for permanent awards. Short marriages almost never produce them, regardless of what the statute technically permits.

Frequently Asked Questions About Permanent Alimony by State

Does Florida still have permanent alimony?

No. Florida abolished permanent alimony under SB 1416, effective July 1, 2023. Durational alimony — capped at 50% to 75% of the marriage length depending on duration — replaced it. Existing pre-2023 permanent awards remain in effect but are subject to modification under the new framework.

What states give lifetime alimony?

No state guarantees lifetime alimony, but well over 35 states permit courts to award alimony with no fixed end date when facts warrant it. States with the strongest statutory authority for indefinite awards include Oregon, North Carolina, Connecticut, New Jersey, West Virginia, Virginia, and Maryland. Even in those states, permanent awards terminate on remarriage, death, or a court-ordered modification.

Can permanent alimony be stopped?

Yes. In every state that allows permanent alimony, the award is modifiable or terminable on a showing of substantial changed circumstances — job loss, disability, retirement, or the recipient’s remarriage or cohabitation. “Permanent” means no preset end date, not that payments continue regardless of changed facts.

Is permanent alimony only for long marriages?

Not always. States like Maryland under §11-106(c) base indefinite awards on the recipient’s ability to become self-supporting, not solely on marriage length. However, most states that set thresholds use 20 years as the dividing line — including Massachusetts, Minnesota, Illinois, Delaware, and Colorado.

Does New Jersey still have permanent alimony after the 2014 reform?

Functionally, yes. New Jersey replaced the “permanent alimony” label with “open durational alimony” under N.J.S.A. §2A:34-23. Open durational awards carry no fixed end date and remain available for marriages of 20 years or more. The substance of indefinite support survived the rename.

Can a judge award permanent alimony in a state that prefers rehabilitative support?

Yes, if the statute permits it. Most states that prefer rehabilitative alimony also retain judicial discretion to award indefinite support when rehabilitation is not feasible. Tennessee’s “alimony in futuro” under Tenn. Code Ann. §36-5-121 exists specifically for cases where rehabilitation is unrealistic — awarded alongside or instead of rehabilitative alimony.

Is indefinite alimony the same as permanent alimony?

In practice, yes. “Indefinite” and “permanent” describe the same structure — alimony without a preset end date, subject to modification on changed circumstances. Minnesota switched from “permanent” to “indefinite” in 2024 under Minn. Stat. §518.552. The legal standard did not change. The label did.

Which states have the strictest limits on alimony duration?

Texas caps court-ordered maintenance at 5 to 10 years with a $5,000 monthly ceiling. Indiana limits maintenance to incapacity cases and a 3-year rehabilitative cap. Kansas imposes a hard 121-month maximum under K.S.A. §23-2904. Utah caps alimony at the length of the marriage. These states effectively prevent any form of permanent alimony.

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