Divorce and Alimony Formula

Excerpt : In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a


In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formulas in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.

What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help

Practical Solutions To Divorce & Custody Concerns Also see : Rebuilding Your Finances After Divorce Generally speaking, when it comes to women and divorce, financial preparedness is the key to an easy divorce… or at least as close to it as you can get. It may be true that men may find themselves set back, financially, after a divorce. This is...read more How To Identify What The Question "Should I get a divorce?" Means To You. Deciding about whether you should get a divorce or not is an agonizing experience to go through. If you are asking yourself "should I get a divorce?", you've been thinking about your relationship's state for a while or an isolated incident that...read more

you determine what the alimony might be in your case. In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court's attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the lenght of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony forumla to determine the alimony amount.

Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, the home, or the spouse, that is a factor that will

Also see : Divorce and Separation - A Child’s perspective It is always the children that suffer the most when a marriage breaks down and separation or divorce is imminent. Children of divorcing parents often witness arguments even rows and this has a strong effect on any child. Children do not understand...read more Don't Divorce Your Children Divorce is certainly an emotional time for families. In fact, it ranks as one of the most stressful experiences in life. However, it is not only the adults who experience this stress. If the adults are parents, their children often suffer...read more

militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the ability to obtain employment that will more than adequately meet his or her needs, the court might think a little differently about awarding alimony to that party. Other factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and work history.

A major factor that can affect an award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The

Also see : "Does Your Sexless Marriage Have You Thinking About Divorce?" If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of your sexless marriage, that's only natural. But,...read more Your Children Should Not Suffer Because of Divorce Guiding Your Children Through the Process of Divorce Divorce is, tragically, a family affair, and the ones who suffer the most are the children of the couple divorcing. That couple must carefully consider the repercussions that their divorce...read more

court will certainly view a request for alimony under these circumstances much different than a request made by an individual who is receiving no assets in the divorce or who does not have any separate property.

The health of the party seeking alimony is a major factor that can impact a court's decision in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or how much they can work, the court will not want to impoverish that party after divorce and the court will be more likely to use alimony to address at least basic living needs.

One other factor that should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific

Also see : Divorce Advice, Where Can You Turn? Divorce is such a nasty thing and people should hate the destruction and harm that it does to everyone involved. The problem is that even people that hate it become victims of it inevitably. So there needs to be a source of divorce advice for those...read more "Sexless Marriage : Does Your Sexless Marriage Have You Thinking About Divorce?" If you are in a sexless marriage and are unhappy because of it, don't worry, it isn't unrecoverable but it is serious cause for concern. You may even be thinking that you need a divorce because of your sexless marriage, that's only natural. But, in...read more

provision to the contrary, spousal support payments are taxable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.

One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate very hard on both sides to maximize the final benefit to their client in divorce.

It should thus be apparent that in divorce, there can be no easy alimony forumla, no matter what state

Also see : How To Divorce Like You Are Buying A TV The facts are that 75% of all US and 50% of all Canadian marriages end in divorce. Divorce is rated number two on the scale of the most life altering stressors. During this difficult time you have to deal with everything thrown at you, all at once....read more Divorce Lawyer in Houston The practice of Family Law requires a firm that is familiar with both the complexities of family law and the family courts in which your family law issue will be addressed. Even the best family lawyer is at a disadvantage when dealing with a...read more

you live in. It is impossible to plug these and other factors into a mathematical equation to arrive at a "correct" alimony formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and different factors affect both parties in the divorce and then arrive at a solution that encompasses all of the divorce issues, including property settlement and alimony. They cannot simply set up an alimony formula that would work for all parties.
About the Author

Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: http://www.millenniumdivorce.com

Now You Can Stop Your Indecision & Pain About Whether to Stay Married or Get a Divorce!

More Divorce Articles

Divorce Advice | sitemap
copyright www.seekdivorceadvices.com 2006