| By
Barry J. Roche
The simple answer to
this commonly asked question is, "There isn't any set formula".
The amount of alimony (or "spouse maintenance as it is called
in some countries) is determined by a range of factors rather
than by any specific formula. Each case depends on its own merits
and the legislation in your State or country.
The old days where a jilted wife could be awarded
alimony or spousal support for as long as she lived or until she
remarried and at a level befitting the manner to which she had
become accustomed, are long gone. These days, courts only tend
to award alimony in a minority of cases and then only for a relatively
short period of time based on the estimated length of time that
will be required for the spouse to secure gainful employment and
financial self-sufficiency. It is also important to realize that
the right to alimony is NOT gender specific although, from a practical
point of view, it is still the wife who is more likely to be the
economically dependent spouse.
So what are the sorts of factors that a court
will look at in order to determine the amount of alimony payable,
if any? Some of the most important factors are: -
1. The financial needs of the person seeking alimony.
2. The other spouse's financial capacity to pay alimony.
3. The length of the marriage.
4. The parties' standard of living age during the marriage.
5. The financial capacity of the dependent spouse to support her/himself.
6. The age and state of health of the parties.
7. The ability of the dependent souse to become financially self-sufficient.
8. The likely time frame required for: -
(i) Re-education and training necessary to find
suitable employment; and
(ii)The cost of such education and/or training.
In considering the above, the court tends to look
at the length of the marriage as a starting point. If the applicant
has been married for a long time (e.g. 15 - 20 years), the court
will be far more sympathetic than in the case of a very brief
marriage. The court’s attitude towards a request for alimony
will be very different if the parties have been married for twenty
years rather than say one or two years. It's also hard to argue
that ANY standard of living has really been established during
a marriage of short duration.
In considering the employment or employability
status of the spouse seeking alimony, the court will have some
regard for how long the Applicant has been out of the paid workforce
and the reasons for this. If, for example, she/he has been the
primary caregiver to the children or has otherwise been caring
for the home and family on a fulltime basis, then understandably,
it may take some time, education and re-training before this person
is able to successfully re-enter the workforce and become self
sufficient. It may be even more difficult if this person has a
limited work history and/or poor level of education.
These days it is rare for a court to award indefinite
or permanent alimony. However, this may be awarded IF there is
no real prospect of the dependent spouse ever being able to support
herself/himself, either for reasons of infirmity (through age
or physical and/or mental disability). Another situation where
permanent or indefinite spousal support might be granted is where
the Applicant has done all she/he can do to become financially
independent but there remains an "unconscionable disparity"
between the respective parties' standard of living.
Unlike Child Support where specific formula is
set out in legislation in the various States and countries, this
is generally not the case when it comes to either with alimony
or property settlement. The right to (an amount of) Alimony is
based on factors that a divorce court judge will weigh up, having
regard for the circumstances of your particular case. It is simply
too difficult for legislators to come up with a set Alimony Formula
that will produce a just and fair result. It remains a matter
for the court's discretion and the general principles and factors
to which I have referred.
© Barry J. Roche Barry Roche is the founder of The Self-Help
Club (www.self-helpclub.com) and the author of the ebook, “How
To “Win” When Facing Divorce”. He is a recognised
Divorce Law expert who wrote this book specifically for women.
The book is available at http://www.divorceandwomen.com/help.html.
Barry is also the author of a 90 page Manual on “How To
Beat Your Financial Worries” (This Manual is also available
for purchase at http://www.divorceandwomen.com/bookstore.html).
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