Ballpark Spousal Support
Some lawyers have a quick way of estimating, the amount only, of spousal support.
Please note the following points:
#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
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
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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.