HOW A JUDGE MAY CALCULATE ALIMONY AS PART OF THE DIVORCE PROCESS

Going through the divorce process is no doubt stressful, confusing and sad. One issue that comes up that can be the subject of heated debate is alimony payments. Many times both parties wish to understand more about this process, including how alimony payments are calculated and how child support plays a role.

Established Lifestyle

Alimony payments are determined by looking at the total income expected by both parties, along with reasonable living expenses. The court strives to allow both parties to maintain the lifestyle they became accustomed to during their marriage.

Usually, when a spouse requests alimony, she presents the court with a budget for her expected reasonable living expenses. If the amount requested won’t present an undue financial hardship on the paying spouse, the court generally awards the requested amount. Otherwise, the court may award a lower amount.

On the flip side, if the lifestyle established during the marriage requires the payment to be much higher than requested, and the paying spouse can afford a payment of a higher amount (while still maintaining the established lifestyle), the court could award a higher amount.

The Role of Child Support

If there is a child involved in the divorce, child support is factored in. If the budgeted amount is awarded to the spouse, and she also receives an established amount in child support, the judge could award her alimony that is the difference between the requested amount and the child support already paid.

For more information on alimony and child support, along with other divorce issues, contact us to set up an appointment.

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