Calculating How Much to Ask for as Alimony | Allan Brandon Tise PLLC, Attorney at Law

November 11, 2019
Brown envelope labeled

Are you going through a divorce? Many aspects of your life will change during this difficult transition. And for many people, one of the biggest adjustments is their finances. If you were part of a two-income family or relied on your spouse to provide for the family, you have lost not only a partner but also necessary income. The provision of alimony is designed to help make up for this loss in a very practical way. But how do you know how much alimony to ask for? What is reasonable, what is necessary, and what is possible? Here are a few factors to consider.
Alimony Calculators A handful of states (such as California, Florida, and Arizona) provide online calculators that weigh various factors in order to come up with a guideline for alimony support. Judges in these states may be obligated to follow such guidelines. If you don't live in one of these states, such calculators can still provide valuable information - giving you an idea of what to include when coming up with your own alimony request.
Earnings and Education The ability of both spouses to earn an income in the future is key to the court's decision about how much one must pay. If you spent decades staying home and raising children, your skills and career may be seriously stunted and mean less income if you return to the workforce. Even if there were no kids involved, many spouses have made other income sacrifices over the years - including working to support or promote the other spouse's career, maintaining the home, or supporting a spouse going through college. If your career is unlikely to get back on the same trajectory, more support would be appropriate. In addition to the recipient's earnings history and potential, judges also take into consideration the ex-spouse's earning potential. If you married a humble law student who has now become a powerful attorney, he or she is likely to continue to earn significant wages. A judge will likely agree that you should reap some piece of that financial pie.
Length of Marriage The longer your marriage was, the more likely you are to receive an alimony order and the higher it's likely to be. Generally, it's agreed that a spouse who was invested in and made sacrifices for a lengthy marriage should be compensated for it. On the other hand, a couple who have only been together for a year or two are considered to be less invested in the relationship. There are also fewer significant sacrifices to point to that would have affected your earning potential. Even if you left school to move with a spouse to another state, you may still be able to reasonably return to your old path without great loss.
Obstacles to Employment Education and job history aren't the only factors that can affect your future income. Middle-aged and older divorcees often have difficulty finding new jobs or being promoted due to age discrimination. Similarly, physical limitations and your health (both current and future) are determining factors. If you were trained as a roofer, for example, but now cannot physically spend all day climbing on roofs at the age of 60, you probably won't be expected to rely on that income. If, though, you would be able to transition to a less demanding (but equally lucrative) career if given time to pursue the right education, you may receive alimony for a set number of years instead. How will all these factors affect your own alimony request? There is no cut and dried answer to alimony questions. It does indeed depend on each case and is often left up to the judge's discretion. But by understanding how to properly value your and your spouse's income situation, you can choose the right number and boost your chances of getting it. Attorney Allen Brandon Tise, PLLC can help you through this challenging process. Call us today to make an appointment with our experienced legal team.

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