How do I calculate for spousal support after divorce? 20 Answers as of September 22, 2011
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?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereHorizons Law Group, LLC | Michelle B. Fitzgerald
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.
Answer Applies to: Wisconsin
Replied: 9/22/2011
Reza Athari & Associates, PLLC | Riana Durrett
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.
Answer Applies to: Nevada
Replied: 9/21/2011
Donaldson Stewart, PC | Monica H. Donaldson Stewart
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.
Answer Applies to: Arizona
Replied: 9/20/2011
Roscich & Roscich | John Roscich
You do not calculate spousal support. The many factors which must be considered are listed in Section 504 of the Illinois Marriage and Dissolution of Marriage Act. However, you should retain an experience divorce attorney to advise you. Your future depends on it!
Answer Applies to: Illinois
Replied: 9/20/2011
Goolsby Law Office | Richard Goolsby
We recommend you retain a divorce lawyer concerning your rights and options. In Georgia, generally, alimony depends upon a number of statutory factors, which you should discuss with your attorney. Good luck.
Answer Applies to: Georgia
Replied: 9/20/2011
Law Office of Michael W. Bugni | Jay W. Neff
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.
Answer Applies to: Washington
Replied: 9/20/2011
Dunnings Law Firm | Steven Dunnings
There is a computer program you would have to purchase.
Answer Applies to: Michigan
Replied: 9/20/2011
John E. Kirchner, Attorney at Law | John Kirchner
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.
Answer Applies to: Colorado
Replied: 9/20/2011
Law Office of Margaret D. Wilson | Margaret Wilson
In California the courts and attorney run what is called a DissoMaster Report to determine spousal support. Most courts have a self-help center that will help you run a DissoMaster Report.
Answer Applies to: California
Replied: 9/20/2011
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Sorry, but there is no simple way to calculate alimony. There is a lot involved.
Answer Applies to: New Jersey
Replied: 9/20/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
Post judgment spousal support is based on 5 key factors: length of the marriage, age of the parties, health history, earning capacity, and standard of living during the course of the marriage. A proper answer to your question requires the skilled analysis of a family law attorney.
Answer Applies to: California
Replied: 9/20/2011
The Law Office of M. Elizabeth Foley | M. Elizabeth Foley
That's not necessarily the easiest thing to work out. There aren't any real monetary guidelines there are for child support. Theoretically, IF the requesting spouse is qualified (and that's a pretty big if most aren't), the idea is to provide the requesting spouse enough money on a temporary basis to make up the difference between whatever his or her other income is or could be and the income he or she would need to meet basic living expenses, until he or she can "pick up the pieces" and be able to meet all living expenses without assistance. But realistically, it's a lot more complicated than that as far as the factors to be considered, and to top it off, the law on spousal maintenance just changed a few weeks ago. You really should at least consult with an attorney on this.
Answer Applies to: Texas
Replied: 9/20/2011
Glenn E. Tanner | Glenn E. Tanner
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.
Answer Applies to: Washington
Replied: 9/20/2011
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
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.
Answer Applies to: Pennsylvania
Replied: 9/20/2011
ROWE LAW FIRM | Jeffrey S. Wittenbrink
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.
Answer Applies to: Louisiana
Replied: 9/20/2011
Cody and Gonillo, LLP | Christine Gonilla
There are many factors and without further detail it would be hard to say. You should consult with an attorney in your area for a better idea.
Answer Applies to: Connecticut
Replied: 9/20/2011
Beaulier Law Office | Maury Beaulier
There is no formula for determining spousal support in Minnesota. Such determinations are based on a significant number of factors which may include the age and health of the parties, the length of the marriage, the earning capacity of each party, the award of property in the divorce and much more.
Answer Applies to: Minnesota
Replied: 9/20/2011
Michael Apicella | Apicella Law and Mediation
Calculating long term spousal support requires an analysis of both parties' respective Income and Expense Declarations, as well as considering the relevant factors of California Family Code section 4320. I would strongly suggest your hire a local EXPERIENCED family law lawyer to help you with this issue. FYI, in my experience, I've run into many a family law lawyer that did NOT know how to properly calculate long term support. It's a shame there are so many lawyers who will take a client's money and essentially, "wing it" when it comes to long term support. Only hire a lawyer who has sufficiently litigated the issue, so he/she understands how a court applies the law to the facts to establish both the support amount and duration. Good luck.
Answer Applies to: California
Replied: 9/20/2011
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
There is no calculation or "fixed" number for permanent Spousal Support - it is based on Family Code Section 4320 factors. Guideline Spousal Support for your county is only a guideline for temporary Spousal Support pending trial, and is generally higher than permanent Spousal Support awarded by the Court. It would be a good idea for you to schedule a consultation with an experienced Family Law Attorney to evaluate the Family Code Section 4320 factors involved in your marital situation and provide guidance to you regarding an appropriate amount (and duration) of Spousal Support.
Answer Applies to: California
Replied: 9/20/2011
Law Offices of Steven A. Hemmat | Steven A. Hemmat
There is no set "formula" for calculating spousal maintenance/support in Washington State. It is based upon a number of factors set out in the statute on maintenance and through case law. I suggest that you consult with an experienced attorney to go over the facts of your case and guide you.
Answer Applies to: Washington
Replied: 9/20/2011
















