Spousal Support (Alimony) Calculator
Estimate potential monthly support and duration based on common formulas.
*Disclaimer: This is an estimate based on common guidelines. Actual awards vary by jurisdiction, judge discretion, and specific case details.
Understanding Spousal Support Calculations
Spousal support, often referred to as alimony, is a legal obligation for one spouse to provide financial support to the other after a divorce or legal separation. Unlike child support, which has relatively strict national guidelines, spousal support varies significantly depending on the state, the duration of the marriage, and the earning capacity of both parties.
How This Calculator Works
This calculator uses several recognized formulas to provide a rough estimate of what a court might award. The primary formula used is based on the American Academy of Matrimonial Lawyers (AAML) guidelines:
- The Formula: 30% of the payor's gross annual income minus 20% of the payee's gross annual income.
- Cap: The total amount should not result in the recipient receiving more than 40% of the combined gross income of both parties.
- Duration: Generally, the length of support is calculated as a percentage of the length of the marriage (e.g., 30% to 50% of the years married).
Key Factors Influencing Alimony
While the calculator provides a numerical starting point, judges consider several qualitative factors, including:
- Standard of Living: The lifestyle established during the marriage.
- Earning Capacity: The ability of each spouse to maintain that standard of living independently.
- Contributions: Whether one spouse stayed home to care for children or supported the other's education/career.
- Health and Age: The physical and emotional health of both parties.
- Fault: In some states, "marital misconduct" can still influence alimony awards.
Practical Example
Imagine a marriage that lasted 10 years. Spouse A earns $10,000 per month, and Spouse B earns $2,000 per month. Using a standard 30/20 formula:
- 30% of $10,000 = $3,000
- 20% of $2,000 = $400
- Monthly Support Estimate: $3,000 – $400 = $2,600
- Duration: For a 10-year marriage, a court might order support for 5 years (50% of marriage length).
Frequently Asked Questions
Is spousal support taxable?
For divorces finalized after January 1, 2019, under federal law (Tax Cuts and Jobs Act), spousal support payments are no longer tax-deductible for the payor, and they are not considered taxable income for the recipient.
When does spousal support end?
Typically, support ends when the duration specified in the court order is reached, if the recipient remarries, or if either party passes away. Cohabitation with a new partner can also be grounds for modification in many jurisdictions.