Your divorce decree orders your ex to pay alimony, but the checks stopped coming. Unpaid spousal support can devastate your finances, especially if you planned your budget around receiving it. The good news is that court-ordered alimony is legally enforceable, and you have options to compel payment.
Quick Answer
Yes, you can take legal action to collect unpaid alimony (also called spousal support or maintenance). Options include filing a contempt motion, obtaining wage garnishment, placing liens on property, intercepting tax refunds, or filing a civil judgment for the debt. Unlike child support, alimony enforcement typically requires you to take action yourself rather than using a state agency.
Enforcement Options
Motion for Contempt
The most common enforcement tool. You ask the court to hold your ex in contempt for violating the court order. Consequences can include:
- Fines
- Jail time (until payment is made)
- Order to pay your attorney fees
- Forced payment of arrears
Courts take contempt seriously—the threat of jail often motivates payment.
Wage Garnishment
The court can order your ex’s employer to withhold alimony directly from their paycheck. Benefits:
- Automatic deduction—no relying on your ex to pay voluntarily
- Employer must comply or face penalties
- Can be arranged as part of the original order or added later
Property Liens
You can place a lien on your ex’s real estate, vehicles, or other property. The debt must be paid when the property is sold or refinanced.
Bank Account Levy
After obtaining a judgment for the arrears, you may be able to levy (seize funds from) your ex’s bank accounts.
Tax Refund Interception
Some states allow interception of state tax refunds for unpaid alimony. Unlike child support, federal tax refund interception is generally not available for alimony.
Civil Judgment
Unpaid alimony can be converted into a money judgment, which you can then enforce like any other debt through:
- Asset seizure
- Liens
- Garnishment
License Suspension
Some states allow suspension of driver’s licenses or professional licenses for unpaid spousal support (more common for child support).
Steps to Enforce Alimony
1. Document the Arrears
Calculate exactly how much is owed:
- Monthly amount ordered
- Payments received (with dates)
- Payments missed
- Total arrears
- Interest if applicable under your state law or order
2. Send a Demand Letter
Before court action, send a formal written demand:
- State the amount owed
- Reference the court order
- Request payment by a specific date
- Warn of legal consequences
- Send certified mail, return receipt
3. File a Motion
File with the court that issued your divorce decree:
- Motion for contempt
- Motion to enforce
- Motion for judgment on arrears
4. Court Hearing
At the hearing:
- Present evidence of the order and non-payment
- Your ex may argue inability to pay
- The court will determine arrears and order enforcement measures
5. Collect
Once you have a court order or judgment, pursue collection through appropriate methods (garnishment, liens, etc.).
What If Your Ex Says They Can’t Pay?
Your ex may claim financial hardship. However:
- The burden is on them to prove inability to pay
- Voluntary underemployment doesn’t excuse payment
- They must formally petition the court to modify the order
- Until modified, the full amount continues to accrue
- Arrears typically cannot be modified retroactively
If your ex has a legitimate change in circumstances, they should file for modification—not just stop paying.
Alimony vs. Child Support Enforcement
| Alimony | Child Support |
|---|---|
| You must usually enforce yourself | State agency (CSE) provides free help |
| May need a private attorney | State enforces at no or low cost |
| Limited federal tools | Federal tax intercept, passport denial available |
| Can sometimes be discharged in bankruptcy | Cannot be discharged in bankruptcy |
| Statute of limitations may apply | Usually no expiration |
Statutes of Limitations
Unlike child support, alimony arrears may be subject to statutes of limitations:
- Time limits vary by state (often 5-20 years)
- The clock may restart with each missed payment
- Converting arrears to a judgment may extend the collection period
Don’t wait too long to enforce—check your state’s rules.
Alimony and Bankruptcy
Domestic Support Obligations (DSO): If your alimony qualifies as a DSO, it cannot be discharged in bankruptcy and has priority over other debts.
Property Settlement: If what’s called “alimony” in your order is actually a property division, it may be treated differently in bankruptcy.
Consult an attorney if your ex files bankruptcy to protect your rights.
Interest on Unpaid Alimony
Many states allow interest on unpaid alimony:
- Rates vary (often 6-12% annually)
- May require specific language in the order
- Can significantly increase the amount owed over time
Check your divorce decree and state law.
Frequently Asked Questions
Do I need a lawyer to enforce alimony?
While not required, an attorney is often helpful for:
- Navigating court procedures
- Filing proper motions
- Representing you at hearings
- Pursuing collection remedies
For straightforward contempt motions, some people represent themselves.
What if my ex moves to another state?
Your order can be registered and enforced in the new state under the Uniform Interstate Family Support Act (UIFSA). The process is more complex but enforcement is still possible.
Can my ex go to jail for not paying alimony?
Yes. Contempt of court can result in jail time. Courts typically give the person an opportunity to pay (“purge” the contempt) before incarceration. Jail is more likely for willful non-payment when the person has the ability to pay.
What if my ex dies with unpaid alimony?
You may be able to make a claim against their estate for arrears. Future alimony typically terminates at death unless your order specifically continues it.
Can unpaid alimony affect my ex’s credit?
Not automatically, but if you obtain a civil judgment and report it, it may appear on their credit report.
Modification vs. Enforcement
Important distinction:
- Modification: Changing the alimony amount going forward (requires showing changed circumstances)
- Enforcement: Collecting what’s already owed under the existing order
Your ex cannot unilaterally reduce payments—they must go to court. Until a modification is granted, the original amount continues to accrue.
When to Contact a Lawyer
Consider consulting a family law attorney if:
- Your ex has stopped paying alimony
- Significant arrears have accumulated
- Your ex has assets you need help locating or seizing
- Your ex lives in another state
- Your ex has filed for bankruptcy
- You need help with contempt proceedings
Many family law attorneys offer consultations to discuss enforcement options.
Last updated: January 2025
This article provides general information about enforcing alimony orders in the United States. Laws vary by state. Consult with a qualified family law attorney for advice specific to your situation.
