First, take both parties monthly, adjusted gross income and add it together to get their combined, monthly adjusted gross income. Multiply that number by 40%. Subtract the lessor-earning spouse's monthly adjusted gross income. If the number is zero or less, there is no maintenance payable.
Once the court deems that spousal maintenance is appropriate, then it determines the amount and length of alimony based on the following formula: The amount of alimony is equal to 40% of the higher-income party's monthly adjusted gross income, minus 50% of the lower-income party's monthly adjusted gross income.
You need to have been married at least three years to be eligible for spousal maintenance. If, for example, the higher income party grosses $50,000 per month while the lower earner grosses $5,000, then that person is eligible for up to $17,500 in monthly support.
40% of the high earner's net monthly income minus 50% of the low earner's net monthly income. For instance, if Spouse A earns $5,000 per month and Spouse B earns $2,500 per month, temporary spousal support might be calculated as follows: 40% of $5,000 = $2,000. 50% of $2,500 = $1,250.
One of the primary aspects is the length of the marriage; generally, the longer the marriage, the more likely long-term or permanent alimony may be considered. The financial condition of each spouse is also scrutinized, including their income, assets, and ability to earn a living independently post-divorce.
The maintenance formula works as follows: Calculate 40% of the higher income earning party's gross monthly income. Calculate 50% of the lower-income earning party's gross monthly income. Subtract the 50% figure from the 40% figure.
Self-sufficiency of the Requesting Spouse: If the spouse seeking alimony is young, healthy, has a good education, or possesses marketable skills that enable self-sufficiency, the court may determine that maintenance is not necessary – do note this outcome is extremely rare and unlikely.
Once the judge is satisfied that one spouse meets the grounds for maintenance, the court will evaluate the following factors to decide the amount, duration, and type of support: the requesting spouse's financial resources, including marital property, and the spouse's ability to meet needs independently.