Alimony in Wyoming is the exception, not the rule.
Wyoming has no alimony formula, no guideline table and no presumption that a long marriage produces support. The Supreme Court has said a property award is the preferred substitute and alimony belongs in a decree only when the record shows it is needed. That makes it the most discretionary decision in a divorce, and the one most worth preparing for, whether you are asking for it or being asked. I build that record: the earning capacity on both sides, the budget for living in this valley, and the property division that may make support unnecessary.
Call or text me. Clients get my cell number from day one, and I answer. Just been served? Here's what happens next.
When, how long, and how it changes.
The court "may decree to either party reasonable alimony ... having regard for the other's ability to pay" (W.S. § 20-2-114(a)). Alimony "may not be favored" (Muller, 1992); property is the "preferable modern substitute"; the record must show alimony "is needed" (Johnson, 2000).
The usual order is a fixed term to finish training, rebuild a career, or bridge to a pension; the Supreme Court affirmed $1,200 a month for eight years after a twenty-year marriage (Johnson, 2000). The decree should say when it ends.
Either party may petition to "revise and alter" the alimony (W.S. § 20-2-116) on a material and substantial change; property division cannot be revisited. Alimony can be modified and usually stops at remarriage; a property equalization cannot and does not. See modifications.
What a Teton County judge weighs.
Need, and ability to pay, measured against this valley
Need is the gap between what the requesting spouse can earn and what it costs to live here. A spouse who left a career to raise children in Wilson has a documented case; one who could work and chooses not to does not. Both sides are measured by capacity, not current pay: the Supreme Court looks to "the reasonable expectancy provided by a determinable earning capacity" (Muller, 1992). The payer's side is the same exercise in reverse; the court must find "a reasonable ability to pay" before it orders anything.
- 01Does one spouse need support that the property division does not already supply?
- 02Can the other spouse reasonably pay it, from income or from a determinable earning capacity?
- 03Would a larger property award, including one paid in installments, do the job better?
- 04How long until the requesting spouse can be self-supporting, and what would it take?
- 05What is "the condition in which they will be left by the divorce," for each of them?
- 06What should the decree say about death, remarriage, modification, and security?
Questions 1–3 are the Wyoming Supreme Court's framing in Sellers (1989) and Johnson (2000); 5 is the statute's language; 4 and 6 are what a decree needs to answer to hold up. The order is mine; a judge may weigh them differently.
Child support, lump sums, taxes, security, enforcement.
Defending against a claim, owners' income, child support, lump sums, taxes since 2019, security, temporary support
Defending against an alimony claim
Half the people who sit in my office on this subject are the spouse being asked. The law is on their side more often than they expect. The statute says the court "may" award reasonable alimony, "having regard for the other's ability to pay" (W.S. § 20-2-114(a)); nothing in it says the court should. There is no formula to plug a twenty-year marriage into, no percentage of the income gap, no presumptive term. The Wyoming Supreme Court has said alimony is not favored, that a property award is the preferred substitute, and that the record must show support is actually needed before it belongs in a decree. So the defense is built from facts, not argument: the requesting spouse's degree, licenses, work history and what the local market pays for them; the retirement accounts, equity and liquid assets the property division already delivers; a budget that shows what is left of your income after taxes and child support; and the standard of living the marriage actually sustained, not the one described in the complaint. Where the other spouse can work and has not, the court measures by earning capacity, and I ask for a vocational evaluation when the numbers justify it. Where some support is unavoidable, the fight moves to the shape of it: a short fixed term tied to a purpose, a lump sum that closes the question, a decree that ends on remarriage, and no life-insurance obligation larger than the stream it secures. In Teton County, mediation is required if either spouse asks for it, and that is usually where an alimony claim is traded for a property adjustment both sides can live with.
Ability to pay, for an owner or an executive
For a wage earner, ability to pay is a pay stub, after taxes and child support, with a budget that leaves room to live. For an owner, a partner or an executive it is distributions, retained earnings, bonuses and equity that never show up in a W-2, and the analysis runs through the high-net-worth page and the post on alimony in high-income Wyoming divorces. A support order the payer cannot meet is a contempt motion waiting to happen.
Alimony and child support together
The two are decided in the same decree and they feed each other. Under the child support guidelines, income means "any form of payment or return in money or in kind to an individual, regardless of source" (W.S. § 20-2-303(a)(ii)), and net income deducts "other court-ordered support obligations currently being paid." Read together, alimony a parent receives counts toward that parent's income for child support, and alimony a parent pays reduces that parent's. The order of operations changes both numbers; the child support page shows the tables those numbers run through.
Three kinds, and lump sum or monthly
The statute permits support "for life" or "a specific sum," and says nothing in between. The Judicial Branch's own guidance describes three kinds: transitional support for education or retraining, compensatory support that repays a contribution to the other's career, and maintenance, time-limited or permanent. A lump sum, paid at once or in a short series, has advantages for both sides: it ends the relationship, once paid it cannot be modified when the payer's business has a bad year, and it does not depend on anyone's continued life or good behavior. Monthly alimony keeps the flexibility and the risk. Which is right depends on liquidity, and in a valley where wealth sits in land and closely held companies, liquidity is usually the constraint.
Taxes since 2019
For any divorce or separation instrument executed after December 31, 2018, alimony is not deductible by the payer and is not income to the recipient; older instruments keep the old treatment unless a modification expressly adopts the new rule. Every dollar of alimony in a 2026 decree is an after-tax dollar to the payer, while a transfer of property between spouses incident to the divorce triggers no tax at all (26 U.S.C. § 1041). That arithmetic is much of why Wyoming's preference for property over support now serves both spouses, and why the division of assets and the support question are worked out together.
Security and enforcement
To enforce its orders "concerning alimony, temporary or permanent," the court "may require security for obedience thereto, or may enforce the orders by attachment, commitment, injunction or by other means" (W.S. § 20-2-112(a)). Security in practice means life insurance on the payer's life, owned or verified by the recipient, in an amount that declines as the obligation does; sometimes disability coverage; occasionally a lien on real property or an escrow funded from a sale. A decree that says "husband shall maintain life insurance" without naming the amount, the beneficiary and the proof is a decree that will be litigated. When payments stop, enforcement runs through the same section: contempt, attachment, injunction.
Support while the case is pending, and prenups
While a divorce is pending the court "may require either party to pay any sum necessary to enable the other to carry on or defend the action and for support" of that spouse and the children (W.S. § 20-2-111). Temporary support is set early, on affidavits, and it establishes the facts a judge will later remember: who paid what, on what income, at what standard. A prenuptial or postnuptial agreement can fix or waive alimony, and Wyoming enforces those agreements as contracts, so read yours before assuming anything; the prenup page explains how. When an award is what the case needs, the evidence of need and of ability to pay has to be in the record, not in the closing argument.
Asked about alimony in Wyoming.
How is alimony calculated in Wyoming?
How long does alimony last in Wyoming?
Does alimony end if my ex remarries?
Can alimony be modified in Wyoming?
Is alimony taxable in Wyoming?
My spouse is asking for alimony. How do I defend against it?
Can I get support while the divorce is pending?
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