The rule of 65 is this: add the number of years of cohabitation/marriage to the age of the support recipient on the date of separation; if those numbers added together total 65 or more, spousal support is indefinite.
The spousal support amount ranges from 1.5 to 2 percent of the difference between the spouses' gross incomes for each year of the relationship up to a maximum of 50 percent. For marriages of 25 years or longer, the range is from 37.5 to 50 percent of the income difference, practically equalizing the incomes.
Common methods for calculating spousal support typically take up to 40% of the paying spouse's net income, which is calculated after child support. 50% of the recipient spouse's net income is then subtracted from the total if they are working.
In most cases, alimony in a short-term marriage may last for half the duration of the marriage. So, alimony might be ordered for 2.5 years for a five-year marriage.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
How is the Amount of Alimony Determined? Supporting Spouse's Ability to Pay. The Best Interest of Children. The Lenght of a Marriage. The Ability to Earn. Standard of Living the Spouses Maintained During the Marriage. Educational or Emotional Support.
Who is Eligible to Claim Support Support? persons who were married to each other; persons who lived in a marriage-like relationship for a continuous period of at least 2 years; or. persons who lived in a marriage-like relationship for less than 2 years, but have a child together.
You're eligible to ask for spousal support if: you were married, you lived together in a marriage-like relationship (you might call it a common-law relationship) for at least two years, or. you lived in a marriage-like relationship for less than two years and have a child with your ex-spouse.