How Is Alimony Calculated ?
In the 1970s, the US Supreme Court passed a judgment that there will no longer be a gender bias when alimony is being awarded. Hence, today, even men are receiving alimony from their ex-wives. In fact, in the year 2006, the number of men receiving alimony increased to 3.6 percent. |
However, in recent times, the family courts in the US are desisting from granting permanent alimony as they feel that it restricts the receiving spouse from starting their life all over again. This is mainly because courts are finally realizing that it might not be possible for the receiving spouse to maintain the same standard of living that he or she had during the marriage, and one of the reason's that alimony is granted is to ensure that the standard of living is maintained.
So, How Is Alimony Calculated ?? Unfortunately, there is no mathematical formula that can help you calculate alimony. Usually alimony is decided by the presiding judge, and hence, the amount can vary from one judge to another after taking all the factors into consideration. In addition, the judge also has to abide by the laws prevalent in the state. In some of the states in the United States, fault is still taken as a factor when calculating alimony, but in majority of the states, alimony is awarded based on the needs, both financial and medical.
In some states, the alimony awarded can be 50 percent of the paying spouse's income, while in other the spousal support is given for one-third of the time of the duration of the marriage. However, the presiding judge will take into account the duration of the marriage, children born from the marriage, the assets, health of the spouse, the earning potential of both spouses, and child support. Based on these factors, the alimony amount is determined by the judge. In case the marriage did not last for very long, then it will not be worthwhile for one spouse to pursue legal action to get alimony.
More Articles :
 |