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Can I use alimony to qualify for a mortgage?

By AAA Capital Funding, Inc.Reviewed by Jason J. Sarji, NMLS #374700Updated October 21, 20264 min read
Short answerYes. Alimony counts as qualifying income on FHA, Conventional, VA and USDA loans when a divorce decree or written agreement sets the amount, you can show recent payments (3 months on FHA, 6 months on Conventional), and the payments will continue at least three years. Alimony under a divorce or separation agreement signed after 2018 isn't taxed, so it can be grossed up as non-taxable income, 15% on FHA and 25% on Conventional.

Lenders count alimony the way they count a paycheck once three things are on paper: the order or agreement that sets the amount, proof the money is arriving, and enough time left on it. For a Florida buyer, that last piece depends heavily on which kind of alimony the judge awarded.

What each program asks for

ProgramProof of paymentsHow long it must continueGross-up when untaxed
FHAMost recent 3 monthsAt least 3 years15%
Conventional (Fannie Mae)Most recent 6 months of full, regular, timely paymentsAt least 3 years from the application25%
VAHow long and how regularly you've received it, and whether it can be enforcedLikely to continueBased on current tax tables, for the debt ratio only

The paperwork is your final divorce decree, separation agreement or court order, plus bank statements or deposit records showing the payments. USDA counts alimony too, and like the other programs, it wants the payments documented and likely to continue.

Under IRS rules, alimony paid under a divorce or separation agreement signed after 2018 isn't deductible for the person paying it and isn't taxable to the person receiving it. Lenders raise untaxed income so it compares fairly with wages that have taxes taken out, which is called a gross-up. On $1,400 a month of untaxed alimony, that's $1,610 on FHA and $1,750 on Conventional. Alimony under an older agreement is usually taxable and counts at face value.

Florida alimony types and the three-year rule

Section 61.08 of the Florida Statutes sets how long each kind of alimony can run, and that decides whether a lender can count it.

TypeLongest it can runCan a lender count it?
Bridge-the-gap2 yearsNo, it can't reach three years
Rehabilitative5 yearsYes, while at least 3 years remain
Durational50% of a marriage of 3 to 10 years, 60% of 10 to 20 years, 75% of 20 years or more (not available after a marriage under 3 years)Yes, while at least 3 years remain
TemporaryWhile the divorce case is openRarely, since it ends when the case does

After a 12-year marriage, durational alimony can run up to 60% of 12 years, or 7.2 years. Received for 9 months with 6 years left, it counts on every program. Permanent alimony is no longer among the types the statute lists, though some older decrees still carry it, and lenders treat those payments as long-lasting income.

A worked example

Rachel's divorce agreement was signed after 2018, and her decree pays her $1,400 a month in durational alimony with five years left. She's received it on time for eight months. She earns $3,300 a month as a dental office manager, and her car and card payments are $250. Here's FHA at a 5.75% rate, with property tax at 0.95% of the price a year (the high end of the 0.74% to 0.95% range QualRate uses for Florida) and insurance of $283 a month:

Wages onlyAlimony at face valueAlimony grossed up 15%
Qualifying income$3,300.00$4,700.00$4,910.00
Highest FHA price$181,000$275,000$290,000
House payment$1,543.48$2,198.10$2,302.55

At $290,000, the payment is $1,661.71 in principal and interest on a $284,747.38 loan (including the 1.75% upfront mortgage insurance premium), $229.58 in property tax, $283.00 in insurance and $128.26 in monthly mortgage insurance. That's 46.9% of her income for housing and 52.0% with her debts. Counting the alimony adds $109,000 to her price.

If you're the one paying alimony

Alimony you pay counts as a monthly obligation in your debt-to-income ratio when more than ten months of payments remain. Fannie Mae gives Conventional lenders another option: subtract it from your income instead of counting it as a payment. Take a buyer earning $5,000 a month who pays $600 in alimony and has no other debts, against Conventional's 50% total limit:

  • Counted as a debt: $5,000 × 50% = $2,500, minus $600, leaves $1,900 for the house payment.
  • Subtracted from income: ($5,000 − $600) × 50% = $2,200 for the house payment.

That's $300 a month more room for the house, from the same paycheck and the same alimony.

If your alimony can't count yet

  • Build the payment record. FHA counts alimony after three months of documented payments, and Conventional after six.
  • Write the length into the agreement. If your divorce is still being negotiated, a term of at least three years from your planned purchase is what lets a lender count the payments.
  • Add a co-signer. A parent's or sibling's income is added to yours on FHA and Conventional loans.
  • Use FHA 100% financing. A down payment assistance second covers the 3.5% down, from a 580 credit score, so the settlement money can stay in savings.

Enter your wages and your alimony, with the gross-up if it's untaxed, in the QualRate calculator to see your price on each program. Then call AAA Capital Funding at 888-601-8344 with your decree in hand, and we'll check the three-year math against your purchase date.

Terms on this page: Non-taxable income gross-up, Gross monthly income, Debt-to-income ratio, Back-end ratio

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What buyers ask next

Can I use alimony if there's no court order?
You need the terms in writing: a divorce decree, a separation agreement or another written legal agreement. An informal arrangement with no paperwork behind it can't be counted, even if the payments arrive on time.
My alimony ends in two years. Can I still use it?
Not as qualifying income, because lenders need at least three years of payments left from the date you apply. Your wages, a co-signer's income or rent from a 2 to 4 unit home can carry the loan instead.
Does alimony I pay count against me?
Yes, it's a monthly obligation. On a Conventional loan, the lender can subtract it from your income instead of counting it as a debt, which usually raises the price you qualify for.

Sources

  1. Fannie Mae Selling Guide B3-3.4-02, Alimony, Child Support, Equalization Payments, or Separate Maintenance
  2. Fannie Mae Selling Guide B3-6-05, Monthly Debt Obligations
  3. HUD Handbook 4000.1, Section II.A.4.c, alimony, child support and maintenance income
  4. IRS Topic 452, Alimony and Separate Maintenance
  5. Florida Statutes, Section 61.08, Alimony

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