What is reasonable spousal maintenance?

If you are in the process of getting a divorce, you may have several worries. Among them, how much spousal maintenance may be determined by the court and whether this amount will be enough to cover your expenses if you are the party receiving it. Or how much of a financial challenge it will represent for you if you are the party that will have to pay it.

What factors does the court consider when calculating spousal maintenance?

Several key factors play a role in the amount and length of spousal support when considered by the court. Among them:

• How long the marriage
• The standard of living the couple enjoyed while married.
• The age, employment history, and earning abilities of the spouse seeking maintenance.
• The emotional and physical state of the spouse asking for spousal support.
• The ability of the paying spouse to pay spousal maintenance while still being able to meet their own needs.
• How much the spouse that is seeking maintenance contributed to the earning potential of the spouse that is now being asked to pay.
• The financial resources available to each one of the spouses now.
• How much time the spouse seeking maintenance would need to receive this support to get training or further their education to get a job.
• The cost of healthcare and other important expenses for the spouse that is seeking the support.
• Any unusual or excessive expenditures that took place while the couple was still together.

How is spousal maintenance calculated?

There is not a single precise formula to calculate spousal support. This is because the amount that will ultimately be awarded is based on a wide array of considerations. However, some basic guidelines do exist to help you calculate an estimated amount that you can expect to receive or that you will have to pay.

To begin with, it is necessary to calculate the difference in income from each spouse. Let’s say one partner makes $5,000 a month while the other one makes $1,000 per month. The difference of $4,000 per month is used as a basis, and the judge will award the spouse with the lower earnings between 15 and 25 percent of that difference. This means that the spouse receiving the maintenance will get between $600 and $1,000 per month in addition to their earnings. Other important considerations are how long the marriage lasted and the standard of living that the couple enjoyed while married. These factors will play a role in whether the judge will go for a 15 or 25 percent award.

How long is spousal maintenance awarded?

There is no set time limit for spousal maintenance. The judge may order temporary support while the divorce process is ongoing, and then a new maintenance amount may be created once the divorce has been finalized.

The judge may decide that spousal support needs to continue after studying several factors as mentioned above. When the receiving spouse remarries, the support may end immediately. It may also end when a date specified in the divorce decree is reached or if one of the spouses dies. Read more here https://www.cosmasonyia.com/spousal-support-alimony/ about how often maintenance payments must be made.