Although there is no set formula in calculating alimony, there are several factors that the judge will weigh in determining the final amount of money to be paid. These factors will also decide if there should be any alimony at all.

In the courts, more weight is usually given to the length of the marriage (a “long-term” marriage is considered to be 10 years or more), and other less persuasive factors include income, education and age of the alimony recipient.

This is not a fixed guideline and in no order of importance, as it really varies from case to case.

These are the several factors that help the courts to arrive at what would be a reasonable amount as alimony:

*The length of the marriage

*Age of the two parties

*Physical and emotional health of both parties

*The marital standard of living and the possibility of both maintaining a similar lifestyle

*Income capabilities of both parties and other assets they might hold

*Educational qualifications and employability of the spouses

*The length of time that the party seeking spousal support was not in the job market

*The parental responsibilities for the children

*Time and expense required to get training in order to return to the job market for the one seeking maintainance

*The amount of contribution to the marriage by both parties, in terms of care and education of the children and sacrifices made for the sake of the other’s career or education.

*The taxation consequences of how alimony is designated as a non-taxable payment

Referring to our previous post, it is just a myth that only women receive alimony. As long as one spouse earns much more than the other, the high earner will be liable to pay alimony. However, if both parties have more or less the same income and assets, the court might decide to strike off alimony altogether from the divorce proceedings.

Related posts:
Part 1: More men are receiving alimony
Part 3: Types of alimony

Related posts:

1. Alimony: A thorny part of divorce – Part 3: Types of alimony
2. Alimony: A thorny part of divorce – Part 4: Alimony and Taxes: How to play it right
3. Alimony: A thorny part of divorce Part I – A Prologue: More men are receiving alimony

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