All relationships run into problems, but some roadblocks are enough to shut a marriage down for good. If you’ve run into the situation in your own marriage, a proper divorce might be around the corner.
In many divorces, one spouse will need to make monthly payments to the other in what is known as the alimony process. How is alimony calculated? It varies from state to state.
While no two states calculate alimony exactly the same, there are general guidelines that are common across the whole country. Read on, and we’ll walk you through what you need to know.
How is Alimony Calculated?
As we mentioned, it’s important to look into your local state laws when it comes to determining alimony amounts. States differ in their treatment of calculating alimony, and the number landed on in one location might be totally different somewhere else.
Alimony laws are also changing in the modern era, making it hard to make definitive statements on the way things operate.
However, when coming to a final alimony number, most states look at the same two or three factors. Those are how much each spouse might reasonably earn a month, how large their expenses are, and the standard of living the couple shared during the marriage.
In most cases, alimony payments are designed so the less-fortunate spouse can maintain the same standard of living as during the couple’s marriage.
If one spouse makes a great deal more than the other, and the less-fortunate spouse will have a lot of expenses to face, a judge might force the more fortunate spouse to pay an equitable amount in alimony to their former partner.
The length of the marriage, the educational background of both spouses, and the employment status of both parties are also considered when making this decision. The longer a couple was married, the more likely an alimony payment will be decided on.
This is to prevent a less fortunate spouse from backsliding into a way of living that they have not been accustomed to in a very long time.
Issues Regarding Alimony Amounts
Alimony isn’t always awarded during a divorce case.
Whether alimony payments will be required, and how much they will be, is totally dependent on the judge’s decision.A spouse can put in a request for an alimony payment of a certain amount, but that is no guarantee that a judge will accept that request.
In many cases, a more fortunate spouse might believe a requested alimony amount is too high. They might find it unfair that they have to give such a large monthly amount away to their former partner.
In this case, some legal action might be necessary. Hiring experienced help from somewhere like The Law Offices of Eric Mercer can be an essential step.
Only with the help of a trained attorney can someone hope to negotiate the amount of an alimony payment down.
Understanding Alimony Payments
How is alimony calculated?
There is no hard and fast rule for how these payment amounts are landed on. A judge must look at a number of complicated factors and come to a decision. The above information can fill you in how that decision is landed upon.
Have more legal questions? Keep scrolling our blog for more info.
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