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. It's important to keep track of alimony as there are implications to be aware of when filing taxes after divorce.

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:

  1. unlimited period
  2. subject to the death or remarriage of the recipient
  3. fixed end date

References: Tax Treatment of Alimony

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