Previous Article

How to Build a Successful Family Law Practice

Next Article

How to Change a Separation Agreement

How to Calculate Spousal Support

Spousal support, or alimony, is the amount of money paid on an ongoing basis by one party to a marriage to the other following a divorce. The payment is intended to approximate as closely as possible the standard of living that each experienced during the marriage. While the many variables involved make a standardized formula impossible to apply, there are certain essential elements considered in arriving at an equitable figure.

The View of Spousal Support Today

The law regarding spousal support is regulated by the states and administered by the courts within the states. This being the case, awards can have a wide degree of variance. In some states, spousal support is not required, although it can be ordered by a court. As more and more women have joined the workforce in recent years, spousal support from their husbands has become less critical, even viewed by some as an unnecessary anachronism of the past. In many cases, the former couple arrives at financial arrangements of their own regarding transitional support, thereby negating the need for court involvement. Still, circumstances do exist where the courts are called upon to intervene. In such cases, certain criteria have been established to reach an equitable conclusion.

Essential Elements in Calculating Spousal Support





  • Levels of income. The party having the larger income will be the one expected to provide spousal support. An offset is granted for the amount earned by the recipient of the support.

  • Duration of the marriage. Support is not normally granted for marriages in existence for less than three years. As a general rule, the longer the marriage, the longer the period that regular support payments will be required. While most support payments are temporary, those involving marriages in effect for more than 20 years can result in permanent obligations.

  • The ability of the recipient to obtain sufficient employment.  The payee may have had comparatively limited opportunity to achieve career growth, such as a women with the greater proportion of child-rearing responsibilities. Reasonable transition time will be a factor in the amount and duration of spousal support in such cases.

  • The ability of the payer to provide support. If children are involved, child support payments take precedence over spousal support, and the payer may not earn sufficient income to maintain both.