QUESTION

What is the percentage of income that can be designated for alimony after a divorce? How?

Asked on Sep 16th, 2015 on Divorce - Texas
More details to this question:
Is there a maximum percentage of monthly earned income which a judge can require for alimony to an ex-spouse? Does this include income earned (such as military retirement) prior to the marriage?
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7 ANSWERS

In Wisconsin there is no statutory percentageeither minimum or maximumfor maintenance. (There are statutory standards for child support.) Instead maintenance is on a case by case basis. The goals, the courts have said, can be to try to maintain both spouses at the standard of living they enjoyed before the divorce (which is almost impossible unless both spouses are physicians), or else to 'rehabilitate' the lower-earning spouse by supporting her or him while s/he gains the skills or training necessary to return to the job market with adequate skills. Good Luck. p.s. Retain a skilled family law attorney. It's almost always worth the expense.
Answered on Sep 16th, 2015 at 4:27 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Per Florida statute Chapter 61, alimony is exclusively at the discretion of the judge. There is no formula, minimum or maximum.
Answered on Sep 16th, 2015 at 3:44 PM

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The purpose of alimony is to get the other spouse in a position to support him/herself. It is sometimes called rehabhilitative alimony. That means it is not for life nor will it be more than your spouse receives after appropriate calculation and deduction of the alimony. If you talking about an x-spouse it will be difficult to get alimony at this stage. The divorce is complete and there would have to be a material and substantial change in your circumstances to get the alimony now.
Answered on Sep 16th, 2015 at 2:58 PM

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In Nevada there is no such formula for alimony, the court will consider all forms of income, and also look at money out for bills and expenses. It is based on need and ability to pay, and is governed by NRS 125.150. Alimony cases can be extremely tricky and I would recommend any one having issues in court with alimony to have competent counsel present to argue all the nuances that go with it.
Answered on Sep 16th, 2015 at 2:58 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Alimony, or spousal support as we call it in Michigan, is generally determined on a formula basis. The formula can be ignored depending on mitigating circumstances. Regarding pensions, including military pensions, if they were earned or recruited during the course of the marriage they are normally seen as property. It sounds as if you do not have a particularly good handle on your rights and potential obligations and therefore I highly recommend that you engage an attorney, provide all the details, and gain a reasoned and knowing opinion.
Answered on Sep 16th, 2015 at 2:33 PM

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Eduardo Julio Mejias
AAA Family Law provides a free 20 minute consult over the phone.
Answered on Sep 16th, 2015 at 2:32 PM

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Wills and Estate Planning Attorney serving Sugar Land, TX at Law Offices of Kimberly D. Moss, PLLC
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Technically, Texas does not have alimony. The state of Texas has spousal maintenance which is awarded based on your spouse's earning capacity, education, background, and how long it will take him or her to get back on their feet financially. A judge will look at your community estate (income earned during the marriage from most sources) to determine what an appropriate amount of spousal maintenance should be awarded in your case. Ideally, the parties will agree to a certain amount of spousal maintenance for a certain period of time. I recommend that you consult with an experienced divorce attorney to assist you with your divorce and to make specific recommendations in your case.
Answered on Sep 16th, 2015 at 2:23 PM

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