The Complexities of Alimony

There are many issues that must be resolved during a divorce. While former partners without children can avoid the hassles of child support and custody, the potential for alimony payment orders exist in every divorce case. This is why it’s so important to understand spousal support calculations along with the factors and considerations involved.

Analyzing these issues is vital since they can affect who receives support, how much is awarded, and for how long the payments will last. Unfortunately, the calculations are often complex – and they are influenced by a wide range of factors. Even worse, these factors can change based on jurisdiction.

Fortunately, there are some key considerations that almost universally apply to spousal support calculations.

Income of Both Spouses

Perhaps the most important spousal support consideration — regardless of jurisdiction — is the income of both spouses. The courts will look at this financial information while also determining the earning capacity of both parties. If former spouses can’t reach their own alimony agreement, a judge may issue an order whenever disparities exist between economic situations.

That’s because the underlying goal of spousal support is to ensure a certain standard of living is maintained. If one spouse is going to be economically disadvantaged due to their divorce — perhaps because they stayed home with the children or quit their job to maintain the home — the courts may decide to grant support payments for these individuals.

Duration of the Marriage

Understanding spousal support calculations also means considering the length of a marriage. While specific rules can vary by state, how long a marriage lasts is frequently a factor in considering the length and even the amount of an alimony order. Longer marriages typically result in spousal support that lasts longer and pays more.

This is because financial interdependence tends to increase over time. A person who got married five years ago is more likely to be dependent on their spouse than someone who “tied the knot” last week. For shorter marriages, alimony orders are frequently temporary or merely rehabilitative — focusing on giving the receiving spouse a bit of a buffer.

There are even some instances where the length of a marriage could dictate whether spousal support is ordered at all. For instance, Texas family law typically requires that a marriage last for 10 years to be considered for alimony. However, there are some exceptions to this general rule — so speaking with an attorney is always ideal.

Standard of Living

During divorce proceedings, reviewing the former couple’s standard of living requires more than just income considerations. The courts will review the marital lifestyle in its entirety. Are the parties accustomed to large mansions and frequent vacations — or a more modest lifestyle that’s simpler yet offers a certain level of comfort?

Whatever the case, the court will typically try to create a situation where both parties can maintain their current standard. However, this will not always be possible — particularly when the combined income of both parties is insufficient to support two households at similar standards. In these instances, the courts will consider other factors in their alimony calculations.

Contributions to the Marriage

Spousal support calculations will also take each party’s individual contributions to the marriage into account. Did one spouse sacrifice their own career or education to support the other party’s career or their shared children? Contributions can be financial or non-financial.

There is no specific percentage or formula that tells courts how marital contributions must be factored in. Unfortunately, it’s not always easy to put a monetary value on such contributions. However, the courts will try to find an equitable way to include these considerations.

Age and Health

It’s also sometimes necessary to factor the age and health of both spouses into spousal support calculations. For instance, someone near retirement age may be less able to reenter the workforce, or a party with a significant health issue may need more support.

Each of these factors can affect a person’s ability to work and support themselves financially. However, keep in mind that the same factors may affect both spouses — particularly those who are older. The courts will need to do an in-depth review of these cases in their entirety.

The Potential for Order Modifications

Once a spousal support order is granted, many people believe that’s the end of the story. The court will typically set an end date or qualifying event that would end alimony, and the parties involved often believe this is set in stone. However, that’s far from the case. In fact, any substantial change in circumstances could warrant an order modification.

When something significant changes, family courts will often consider changes to the initial order. Did the paying spouse lose their job or retire? Did the receiving spouse get a promotion or start cohabitating with a romantic interest? In these and many other situations, requesting an alimony modification may be in your best interest.

However, it’s advisable to speak with a legal professional before moving forward. In fact, this is a smart move whenever you’re having family law issues.

Should You Hire an Attorney?

When people are going through divorce proceedings, they often question whether they need the help of an attorney. This is particularly true if the parties involved believe they can reach their own agreement – or if there’s a belief that certain outcomes are unavoidable. People often suspect that spousal support falls into the latter category.

After all, if there’s a spousal support calculation – then the courts will merely insert certain variables into an equation and provide the answer. Right? In reality, this isn’t how things work. Understanding spousal support calculations means recognizing that various factors and considerations go into any decision made by the court.

Alimony is about more than just income, and even if you reach an amicable solution with your ex, having an attorney review your agreement can help avoid costly delays and court refusals. At Cutrer Law Group, our team of family law professionals is here to help. Contact us at 817-854-1651 to schedule your case evaluation today.