What to Do When Alimony Is Not Paid

Alimony (spousal support or maintenance) is a court order (Cornell LII). When it is not paid, you have enforcement tools, but you usually have to start the process.

1. Document the missed payments

Keep a ledger of each due date, amount due, amount paid and the shortfall. Save bank records and any messages about payment.

2. Try a written demand

A short, factual letter or email asking for payment by a date sometimes resolves the problem and creates a record.

3. Ask the court to enforce

• Contempt of court: the court can find your ex in contempt for willfully disobeying the order and impose fines, jail or other sanctions until payment (Cornell LII). Inability to pay is a defense.
• Income withholding: the court can order the employer to deduct support from wages.
• Judgment for arrears: past-due amounts can be reduced to a money judgment, which may carry interest and can be collected through bank levies and property liens. See how to collect a judgment.
• Other tools: seizing tax refunds or other assets depends on state law.

Courts frequently order the non-paying spouse to pay the other side's attorney fees for enforcement.

Can the payer just stop?

No. Even if the payer lost a job or believes the recipient is cohabiting, they must ask the court to modify or terminate the order. Missed payments usually remain owed.

When alimony changes or ends

Depending on the order and state law, alimony may end or be modified upon:

• A substantial change in circumstances, such as job loss or illness
• The recipient's remarriage
• The recipient's cohabitation with a partner in many states
• The death of either spouse
• The end date in the order

Some orders are labeled non-modifiable.

Tax note

For divorce or separation agreements executed after 2018, alimony is not deductible by the payer and not taxable to the recipient for federal income tax purposes (IRS).

A family lawyer can file an enforcement motion quickly. For unpaid child support, see what happens when child support is not paid.

Sources

1. Cornell Law School LII: Alimony
2. Cornell Law School LII: Contempt of court
3. IRS: Topic 452, Alimony and separate maintenance