How Alimony is Calculated in a disunion

District Attorney - How Alimony is Calculated in a disunion

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How alimony is calculated depends on where you live and are getting your divorce.

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Some states, and even some counties, have alimony guideline charts, similar to the child hold guideline charts that exist in all 50 states and the District of Columbia. The charts decide an number of alimony depending on factors such as the income of the parties and whether and how many children are involved.

In California, for instance, there is no statewide alimony guideline chart; however, Santa Clara, Ca has guidelines, and many other California counties have adopted those charts. The courts use them as a beginning point, before development adjustments to fit the circumstances of the separation case.

In Pennsylvania, there are guideline charts developed at the state level. Commonly the courts must effect these guidelines, though they can deviate from them as long as they expound why in writing.

Texas, which does not have guidelines charts per se, well goes one step supplementary by imposing a maximum number of alimony: ,500 per month, for three years.

Several other jurisdictions colse to the country have developed their own charts. But in most places, alimony is up to the discretion of the courts, both as to number and duration. The judges take into catalogue the income of both parties, and, in particular, the need of the receiving spouse.

Ask your lawyer if there is a "rule of thumb" in your area. For example, a single court or judge might say that a spouse with custody of the children should end up with 40% to 50% of the couple's combined net income. Alimony and child hold would then be awarded to get to that percentage.

As always, if you can negotiate a mutually standard business agreement with your spouse, you will both be better off than rolling the dice in separation court. And when alimony is involved, you need an experienced family law attorney.

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