Determining the amount of alimony can be compared to child custody disputes, where judges must select which parent the child will live with. There are laws in each state that specify the factors that must be considered when alimony is estimated.
So, what is a reasonable alimony payment? it’s 40% of the paying party’s income. This amount varies depending on the state. The amount that the other party makes could make, or needs to maintain their standard of living is also taken into consideration by the court.
In this article, you will learn what factors a judge takes into account when deciding how much alimony one spouse should be required to pay the other.
Courts take the following into account when deciding how much alimony should be paid:
- Monthly income that each individual could expect to earn
- What their monthly expenses would be
- Whether receiving alimony from the other would allow them to continue living similarly to how they did before their divorce.
- The former spouses’ age and health status
- The amount of time the beneficiary could need to complete their education or training to become independent
- The number of years the couple has been married and the paying spouse’s capacity to provide for both the receiver and themselves.
As is commonly the case, judges will try to find a means to make the divorcing parties share the financial burdens equally if there isn’t enough money to allow the parties to rebuild a standard of living that is somewhat similar to their marriage standard.
How Alimony Payments Works
The court has the authority to impose various alimony payment schedules. For instance, if the court orders alimony, it may be paid as a one-time payment, a transfer of property, or a series of regular monthly payments. The most ideal alimony payments call for one spouse to send the other a specific sum per month.
Additionally, alimony in the form of a property transfer is permanent, which means it cannot be canceled or reversed.
You and your husband can agree on the amount and duration of alimony payments, as you do with many other divorce-related matters. However, if you cannot agree, you must submit a formal notification to the court asking for alimony. The court will schedule a hearing for you after considering your case, and a judge will decide what terms to assign you. You must remember that it will take time and money to complete an alimony hearing or trial.
Alimony Rules for Divorce
Suppose you are the spouse asking for support. In that case, your eligibility for alimony will typically be evaluated by looking at your income or ability to earn if you do not have a job at the moment. Although it may not be exactly what you are making when you appear in court, this sums up your earning potential.
A judge will consider a spouse’s future earning potential, for example, if that spouse had medical training but took time off to raise children and support the other spouse’s work. The spouse might require short-term assistance before returning to work, but not a long-term alimony award.