Alimony (spousal support) in Wyoming is designed to help a lower-earning spouse maintain a reasonable standard of living after divorce. This comprehensive guide covers the types of alimony available in Wyoming, how courts calculate amounts, duration guidelines, modification rules, and the impact of remarriage, cohabitation, and retirement on support obligations. Understanding Wyoming’s alimony laws helps both paying and receiving spouses plan their financial futures.
Verified against Wyoming family law statutes as of May 2026.
In This Wyoming Alimony Guide:
Types of Alimony in Wyoming
Wyoming courts may award the following types of alimony:
- Temporary (pendente lite
- under Wyo. Stat. 20-2-111)
- Transitional (education/training to re-enter workforce)
- Compensatory (reimburses spouse for contributions to other spouse’s career/education)
- Spousal Maintenance (ongoing support to maintain marital standard of living
- can be time-limited or permanent)
How Wyoming Calculates Alimony
Wyoming does not have a fixed formula for calculating alimony. Courts use judicial discretion, weighing multiple factors to determine a fair amount and duration.
Wyoming courts consider these factors when determining alimony:
- The statute (Wyo. Stat. 20-2-114) is unusually broad and brief
- granting near-unlimited discretion. Statutory factors: the other party’s ability to pay; the respective merits of the parties; the condition in which they will be left by the divorce; the party through whom property was acquired; burdens imposed on property for the benefit of either party and children. Case law adds: length of the marriage; standard of living during the marriage; each spouse’s age and health; each spouse’s income
- expenses
- and earning capacity; property and debt distribution; non-financial contributions (homemaking
- childcare
- supporting spouse’s career/education); custody of children and child support obligations; time reasonably needed to become self-supporting.
Income disparity: YES — a two-part test applies: (1) the requesting spouse must demonstrate financial need for support after divorce, and (2) the other spouse must have the ability to provide support without undue hardship. If property division adequately addresses the income disparity, courts often reduce or eliminate alimony. Courts may also impute income if a spouse is found to be voluntarily underemployed.
Vocational evaluation: YES — Wyoming courts may use vocational evaluations, though not mandated by statute. Evaluators analyze skills, education, work history, and current labor market conditions to estimate realistic post-divorce earning capacity. Used by courts and attorneys to determine whether to impute income, set support amounts, and determine duration.
Wyoming Alimony Duration Guidelines
No statutory duration formula. Informal judicial guideline of approximately 1 year of support for every 3 years of marriage is sometimes applied. Rehabilitative alimony typically lasts 1 to 5 years.
| Marriage Length | Typical Alimony Duration |
|---|---|
| Short-term (under No statutory definition. In practice, marriages under 5 years rarely result in alimony awards.) | Rehabilitative or bridge-the-gap; limited duration |
| Moderate-term | Durational alimony; set period based on marriage length |
| Long-term (No statutory definition. In practice, marriages over 20 years may qualify for permanent alimony consideration, though it remains rare and is a last resort.+) | May qualify for permanent or indefinite alimony |
Permanent alimony: YES — but rarely awarded and considered a last resort. Generally reserved for marriages exceeding 20 years where the supported spouse made substantial sacrifices and faces genuine barriers to employment that cannot be overcome through rehabilitative support (advanced age, disability, chronic health conditions). Even permanent alimony remains subject to modification.
Modifying & Terminating Wyoming Alimony
Modification: YES — under Wyo. Stat. 20-2-116. Either party may petition for modification. Must show a material and substantial change in circumstances. Common triggers include job loss, significant salary change, retirement, disability, cohabitation by the receiving spouse, or remarriage. A court ordinarily cannot modify alimony beyond the duration fixed by the original decree.
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Cohabitation: Cohabitation does NOT automatically terminate alimony. However, cohabitation can serve as grounds for a modification petition if it demonstrates a material and substantial change in the recipient’s financial circumstances. The court may reduce or terminate alimony if the recipient is being financially supported by a new partner.
Remarriage: Remarriage does NOT automatically terminate alimony in Wyoming — this is unusual among U.S. states. The paying spouse must petition the court for modification and demonstrate a material and substantial change in financial circumstances. In practice, most courts do reduce or terminate alimony upon remarriage, but it is not automatic. Alimony does terminate upon the death of either spouse.
Retirement: Retirement constitutes a material and substantial change in circumstances that can support a modification petition under Wyo. Stat. 20-2-116. After reaching retirement age, the payor is generally not obligated to continue paying at the same level. If the divorce occurred during retirement, the court considers retirement income (pension, Social Security) in determining alimony.
Tax Implications of Wyoming Alimony
Under the Tax Cuts and Jobs Act (2017), for divorce agreements executed after December 31, 2018, alimony payments are not deductible by the paying spouse and not taxable income for the receiving spouse at the federal level. This applies to all Wyoming divorces finalized after that date.
For divorces finalized before 2019, the old rules still apply unless the agreement is modified to adopt the new tax treatment.
Impact of Misconduct on Wyoming Alimony
Adultery: Wyoming is a no-fault divorce state (sole ground is irreconcilable differences under Wyo. Stat. 20-2-104). Adultery is not an independent ground for divorce. However, judges have discretion to consider adultery under the “respective merits of the parties” language in the statute, but alimony may NOT be used to punish a spouse for misconduct. Adultery may influence alimony only if it affected the financial, physical, or mental condition of the innocent spouse or children.
Other marital misconduct: Similar to adultery, other marital misconduct (abandonment, cruelty, habitual drunkenness) may be considered under the “respective merits of the parties” language but cannot be used as punishment. The award must be grounded in need and ability to pay, not retribution.
Additional Wyoming rules: (1) Remarriage does NOT automatically terminate alimony — payor must petition for modification, which is unusual among U.S. states. (2) The alimony statute is among the briefest in the nation, granting near-unlimited judicial discretion with no enumerated factor list in statute (factors come from case law). (3) Wyoming has no state income tax, simplifying financial analysis. (4) Wyo. Stat. 20-2-114(b) expressly prohibits courts from considering federal VA disability benefits in property disposition or indemnifying a spouse for reductions in military retirement pay related to disability. (5) Wyoming courts frequently use equitable property distribution to address income disparity as an alternative to ordering ongoing alimony. (6) The Wyoming Judicial Branch recognizes three specific categories (Transitional, Compensatory, Spousal Maintenance) not enumerated in statute text but established through court practice.
Official Sources & Resources
- Cornell LII — Alimony: law.cornell.edu
- NCSL Spousal Support: ncsl.org
- Wyoming Alimony Statute: Wyo. Stat. 20-2-114 (main alimony authority, property disposition, and factors); Wyo. Stat. 20-2-111 (temporary/pendente lite alimony during pendency of action); Wyo. Stat. 20-2-116 (post-decree modification of alimony)
Last verified May 2026. Contact us if you notice outdated information.