Alimony payments are calculated by determining the expected monthly income and reasonable expenses for each spouse and the alimony payment amount that allows both spouses to maintain the lifestyle established during the marriage. When maintaining the marital lifestyle is impossible, judges divide the lifestyle reduction evenly, according to Divorce Net.Know More
As illustrated by Divorce Net, in a case where the spouse requesting alimony presents the court with a reasonable budget for living expenses of $2,300 per month, she is granted $2,300 per month in alimony if that amount allows her to maintain the lifestyle established during the marriage and does not cause the paying spouse undue financial hardship. If the $2,300 payment causes her spouse undue financial hardship, her award is less than $2,300 per month. She is awarded more than $2,300 per month if the lifestyle established during the marriage requires higher payments and her ex-spouse can afford the higher payments without falling below the lifestyle established during the marriage.
Child support is factored into alimony payments, according to Divorce Net. For example, if a judge determines that $2,300 is an appropriate amount of spousal support and the requesting spouse also receives $1,600 in child-support payments, the judge awards her $700 per month in alimony so that the total of alimony and child support equals $2,300. In all states, either spouse can request or be required to pay alimony.Learn more about Law
Divorce laws in California stipulate that a spouse or partner can end the marriage even if the significant other does not want a divorce, according to the Judicial Council of California. A spouse or partner cannot stop the divorce process by refusing to participate under the no fault divorce laws in California.Full Answer >
Although divorce laws differ by state, FindLaw explains that a divorce letter, or a divorce petition, typically contains the name of the petitioner, the petitioner's spouse, the place and date of the marriage, the names and ages of any children, and the grounds, or reasons, for the divorce. The petitioner must also assert that the couple has lived in the court's jurisdiction for a specific amount of time.Full Answer >
As of 2015, Michigan law makes it clear that no fixed mathematical formula may be used to calculate spousal support payments, according to DivorceNet from Nolo. Each case must be considered individually based on various factors weighed by the court.Full Answer >
Alimony may be determined by a number of factors, including the ability to pay, ability to earn and the ability to self-support, according to About.com. The length of the marriage and the standard of living while married may also come into play.Full Answer >