QUESTION

How do I calculate for spousal support after divorce?

Asked on Sep 16th, 2011 on Child Custody - Louisiana
More details to this question:
I'm trying to come to a peaceful solution to estimate spousal support. I'm looking for a round number at this point. I realize there are different factors involved. How do I calculate for spousal support? Also, how can I start the process?
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13 ANSWERS

Family Law Attorney serving Pasadena, CA at Law Offices of Paul P. Cheng
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Dissomaster or Ex spouse.
Answered on Jul 09th, 2013 at 12:35 AM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website.
Answered on Jul 08th, 2013 at 11:47 PM

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Mediation Attorney serving Bloomfield, NJ at Cassandra T. Savoy, PC
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Assuming that you are entitled to seek spousal support, there are many factors. The most important is what can he afford? Are there children who require support? Whether you work? How much you earn? If you do not work, what work are you capable of? What is the status of your health? What is your education in relationship to his? And other.
Answered on Jun 23rd, 2013 at 10:36 PM

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Glen Edward Ashman
Since you didn't say what state you are in, and there are 50 different rules, there is no way to answer you.
Answered on Jun 23rd, 2013 at 9:59 PM

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Divorce Attorney serving Brookfield, WI
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You may simply want to pay for a consultation with an attorney - we have programs to run maintenance estimates/scenarios based upon the incomes of the parties and tax consequences.
Answered on Sep 22nd, 2011 at 9:26 AM

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Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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There is no specific formula to determine spousal support, and you are correct that various factors are involved in the determination. Under NRS 125.150, in granting a divorce, the court: May award such alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable... In addition to any other factors the court considers relevant in determining whether to award alimony and the amount of such an award, the court shall consider: (a) The financial condition of each spouse; (b) The nature and value of the respective property of each spouse; (c) The contribution of each spouse to any property held by the spouses pursuant to NRS 123.030; (d) The duration of the marriage; (e) The income, earning capacity, age and health of each spouse; (f) The standard of living during the marriage; (g) The career before the marriage of the spouse who would receive the alimony; (h) The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage; (i) The contribution of either spouse as homemaker; (j) The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony; and (k) The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse. An attorney experienced in this area can help you sort through which facts are most important and what evidence should be submitted to the judge on your behalf, if you chose to proceed with a contested divorce.
Answered on Sep 21st, 2011 at 9:19 PM

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Family Law Attorney serving Chandler, AZ
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I recommend you speak with an attorney about both of these questions. There is no formula for calculating spousal maintenance, and no mathematical guidance that I can provide; it is truly a matter of reviewing the statutory factors in light of the facts of your case and trying to figure out what is the need and how can that need best be met.
Answered on Sep 20th, 2011 at 9:35 PM

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At least in Washington, there is no fixed formula for calculating maintenance in a divorce. Basically, it is whatever number seems fair to the court after taking into consideration all of the statutory and case law factors.
Answered on Sep 20th, 2011 at 4:34 PM

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Steven D. Dunnings
There is a computer program you would have to purchase.
Answered on Sep 20th, 2011 at 3:08 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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In Colorado there is no formula for spousal support after entry of the Decree. For the purposes of discussion with your spouse, the logical starting point is what do you need compared to what he is able to pay after meeting his own needs. Whatever the two of you agree to is what a judge will probably approve. If you can't agree, the judge will have to come up with a figure after review all the facts and circumstances.
Answered on Sep 20th, 2011 at 2:47 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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After divorce, it is called "alimony." In PA, it is a secondary remedy after Equitable Distribution. I'd suggest hiring a lawyer to analyze your case with you.
Answered on Sep 20th, 2011 at 2:16 PM

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There is no calculation, as there is for child support. One way of arguing the amount is to look at your income vs. your need and the payer’s income vs. his/her need. You start the process by filing for divorce, legal separation or separate maintenance and moving for temporary orders getting you maintenance.
Answered on Sep 20th, 2011 at 2:16 PM

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Family Law Attorney serving Baton Rouge, LA
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There is no "formula" or number for spousal support; each case is decided on its own facts. To calculate temporary spousal support the rules require each of the parties to list their income and expenses in an affidavit. The judge determining spousal support will look at the income and expenses for both sides, the income of the party paying and the needs of the party who needs support, the lifestyle that they have been living and how that will best be maintained, and the fairness to both sides. It is a very subjective determination. To the extent the parties can agree on a number, it is always best. Permanent spousal support is awarded much less often than formerly, and requires a showing of "necessitous circumstances"-in other words that the party requesting support simply cannot make a living without some support. The party requesting permanent support must show they are "free from fault" in the breakup of the marriage.
Answered on Sep 20th, 2011 at 2:07 PM

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