Estimate Alimony in Minutes
Quickly calculate estimated spousal support based on U.S. guidelines. Not legal advice, just an educational tool.
General Alimony Calculator
How is alimony calculated?
When a marriage ends, one of the biggest problems is financial support, and so the dependent spouse takes legal advice from a family lawyer who is more curious to know how is alimony calculated. After the legal separation, the court ordered an alimony award as financial assistance. There are a number of factors in every divorce case, so the judges use to decide whether to be awarded and how much one can get through the process. Long-term alimony is less common than short-term alimony. Sometimes a couple can decide by themself and agree between themselves through mutual talk, and can check through the alimony calculator about how much alimony one spouse will get for their living expenses. However, if they can’t decide or agree among themselves, they can seek help from a divorce lawyer. There is no hard and fast rule is there to pay alimony because every case is different for the alimony amount. So after applying and considering every criterion, one can use the alimony calculator to determine how much alimony they will receive from their spouse.
What is alimony?
Alimony is a regular settlement from an ex-spouse to the other after a divorce or separation. It’s a legal obligation for one spouse to provide financial help. The main purpose of alimony is to provide financial support to a financially dependent spouse so that they can help them to maintain a standard of living. The alimony amount can be determined through the decision taken by the divorcing couple, mainly mutual divorce and contested divorce. In a mutual divorce, alimony payment is decided by the couple between themselves, but in a contested divorce, the alimony amount is decided according to the court order. So, in the divorce process, one should consult a divorce lawyer in their own state. In simple words, alimony is a type of living expenses given to the spouse who has a lower income than the other. And the alimony amount is always different on a case-by-case basis.
Key factors that affect alimony calculation
1. Age and health
If a partner is way older or has some health problems, they can get a longer-term alimony amount. Because it can impact his earning capacity or employment.
2. Standard of living during the time of marriage
During the settlement process, judges often decide to aim for a fair disición to both spouses. Judges consider maintaining a lifestyle similar to both spouses, which they had during their marriage. Mainly, the court orders to focus on awarding alimony to the spouse who has a lower annual income than the other one.
3. Length of the Marriage
The length of marriage is one of the main point a judge look into. It’s mainly like three-term marriages to calculate the alimony amount. The whole divorce process aims to meet their living expenses.
Short-term marriages – This term falls under five years, and so in this marriage, there is a very small amount of money given as alimony to the recipient spouse, or sometimes there is no money given.
Medium-term marriage – Here the duration of the marriage is 5 years, so in this divorce process, a court order a temporary support or sometimes the judge suggests rehabilitative alimony.
Long-term marriage – In long-term marriages, couples stay together for a long time, up to 15 years and end up with a divorce process. Here, the judges decide to award alimony permanently.
4. Income and earning potential of each spouse
Courts estimate each spouse’s career opportunities, their current income and in future earning capacity. And if by chance one spouse earns more than the other, there are more possibilities to pay support to the dependent spouse.
5. Non-financial contributions
The court does not count only the annual income. Running the household, raising the children and supporting the partner in their entire journey is also considered valuable to the supporting spouse.
Types of alimony in the U.S.
Temporary alimony: It is paid during divorce proceedings to cover immediate expenses. The judge ordered temporary alimony based on one spouse’s demonstrated financial dependency and the other spouse’s ability to pay.
Permanent alimony: It is only paid in long-term marriages when it is not possible to take care of everything without others’ help. But it typically ends in a period of time if the recipient had a sudden death or if they remarry.
Lump sum alimony: In this alimony, money is given in a lump sum instead of a monthly instalment. It can be agreed upon by the spouses or ordered by a court, and the alimony amount given to the spouse is used to maintain a standard of living for the one who sacrificed their life during their marriage.
Rehabilitative alimony: Here the spouse supports the other one with education, training or employment. This type of alimony is not permanent and typically involves a plan on a timeline for the recipient to follow. Here, the alimony amount had a defined end date or a specific goal to be achieved.
Reimbursement alimony: In this alimony, the spouse repays for the contribution to the other spouse’s education, career or job training. It is intended to compensate the paying spouse for the investments made in their former partner’s earning potential. It can be paid as a lump sum or in instalments. It is generally awarded when marital property division alone adequately compensates the contributing spouse.
How other states calculate alimony differently
Far from child custody, the court usually follows strict rules and formulas. So, alimony calculation is very different from state to state
California: In this state, most of them use temporary support but leave permanent support to the judges’ own decision.
Florida: In this state, there are numerous types of alimony categories to consider, including rehabilitative and durational.
Texas: Reasonable alimony is limited in both amount and duration in Texas.
Therefore, because there are lots of discrepancies in alimony between the different states, it’s best to speak with an experienced divorce lawyer in your own state.
Is it possible to revise alimony?
Yes, of course, alimony can be reconsidered in every divorce case, but there are a number of factors, such as:
Remarriage or cohabitation: In many states, if the spouse who is getting alimony decides to remarry or live with a new partner, then the court decides to end the alimony.
Mutual agreement: If both partner decides between themselves to settle and modify the amount, the court orders them to pay alimony to support their financial needs.
Change in income: If the partner has no job, or if he is going to retire, then it affects in alimony award.
Tax implications of alimony
In divorce proceedings, tax law plays a very important role in alimony agreements: There are a few tax consequences, and they are mentioned below
Divorces that are finalised after January 1, 2019: In that time, payments are not deductible, and the recipients donate the money and report it as income.
Divorces that were finalised before 2019: But here, alimony was tax-deductible for the payer and taxable income for the recipient.
Things People Often Misbelieve About Alimony
Alimony is not based on gender, the whole divorce process depends on the spouse’s financial condition. It is believed that alimony is an automatic right awarded to a woman, and there are a number of factors to be considered for an alimony award. The court ordered to pay alimony be paid to the other spouse by considering the earning capacity of the other spouse. It is gender neutral and can be awarded to both men and women to meet their standard of living. It is not guaranteed and is often temporary, with payments ending if the receiving spouse remarries or becomes self-sufficient.
The alimony amount of spousal support payments is not the same as child support. It is completely different from child custody; if the money is given for child expenses, then it should be strictly for the children only. So, in a divorce proceeding, one should always consult a divorce lawyer to meet their living expenses.
Conclusion
Alimony in the United States is more than one “size fits all” formula. In every divorce situation, a judge thoughtfully accounts for factors such as income, assets, length of marriage and the parties’ standard of living. Its primary purpose, by and large, is to keep people out of poverty and to convince spouses that it shouldn’t be that way. There are several types of alimony to award. A judge determines the amount of alimony based on various factors, rather than a fixed formula. The court considers factors like the financial dependency of one spouse, the ability of the other spouse to pay alimony. Alimony amount may have a specific end date, but in long marriages duration of alimony payments might not have an end date.