Ballpark Spousal Support

Some lawyers have a quick way of estimating, the amount only, of spousal support.

#1. We have assumed here that it is the wife who is entitled to spousal support but theoretically, it should also work in reverse (i.e. if the husband had been financially penalized by the relationship and custody and the salaries were reversed).

#2. The calculation set out below does not deal with whether or not a wife is actually entitled to spousal support i.e. the situations in which spousal support would actually be ordered by a court. The determination of what situations actually warrant spousal support depends upon a financial calculation assessing how much the wife had suffered financially from the relationship. This obviously varies, case to case, and is dictated by particular situations.

#3. This is not the test a court would consider when the parties are in the beginning stages of their court problems. On an interim (temporary) basis,  (which, generally speaking focuses on need and ability to pay) the court in such a case, would normally ask: A. does she have basic expenses that she cannot cover, and
B. does he have extra income to cover it.

#4. Calculating the quantity of spousal support is difficult and normally computers do the task. The test below is not official and many Judges have their own ways to address the issue. This test is simply designed to help people get a feel for quantity and avoid ‘sticker shock’.

#5. The length of time that the support will be payable for,  is a separate issue and much more subject to negotiation.

Hypothetical Husband, earns \$50,000 per year.

Two children live with the wife.

Husband pays child support of \$753 per month for both kids (per the guidelines).

Wife earns \$20,000 per year

His yearly income                       =              \$50,000
Her yearly income                        =              \$20,000

plus twice yearly child support = 2 x (753  x 12) = \$18,072
\$38,072Income

Difference per above  = \$50,000 - 38, 072= \$11,928

35% of the difference 11,928 X .35 = \$4,174.80  yearly or   \$347.90 per month

Phone us at  519-256-9500

Please note: If you are involved  in a matrimonial dispute, we
strongly recommend that you retain a lawyer to represent
you at the first  possible opportunity;
This site and this note are designed only to acquaint you with a
few (and only a few) of the issues that may affect you.
It is not intended as legal advice on any specific case.
You are well advised to retain the services of an
experienced lawyer as soon as possible.
Let us represent you
Pearce Ducharme Family Law
For an appointment phone us at    519-256-9500
For an appointment call 519 256 9500