How is Alimony Calculated?
Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total, if he or she is working. Spousal support amounts should be agreed to by both parties, and can be waived by the recipient spouse.
Spousal Support (Alimony) in Divorce
When we talk about spousal maintenance, support, and alimony we are talking about the same thing. Although spousal support is not mandatory in most states, it can be mandated by a judge depending on certain conditions, in particular:
- If one spouse will face hardships without financial support
Court ordered spousal support is enforced if there is sufficient need to maintain his or her standard of living. The courts recognize both husband and wife are entitled to live at the level they enjoyed during marriage.
When isn't Spousal Support Considered?
The presiding judge is unlikely to force alimony under the following conditions:
- Marriage of less than two or three years
- Both spouses are employed and self-sufficient
How long does Spousal Maintenance last?
the spousal support duration varies depending on the agreements in place.
Timeframes include the following:
- unlimited period
- subject to the death or remarriage of the recipient
- fixed end date
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"Earlier this year I started the process for filing a divorce. I started the process by myself filing pro-se, but when it came to negotiating child custody and support things were getting out of hand and I got concerned about making a mistake. I called Sterling Law Offices and Attorney Dan Exner helped sorting through what we had already done. Dan was great and his guidance helped us work through some issues I do not think we would have resolved. I thought it would be charged an arm and a leg for legal services, but Dan was understanding and helped me address the paperwork and process effectively. When we appeared in court for the final hearing I felt confident I knew what I was doing and did not feel nearly as scared as before. He did a great job coaching me so I was prepared. It was as good as an experience as you can have when splitting up a family."Sally J.
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