Alimony Support Calculator
Estimated Support Summary
Note: This is an estimate based on the AAML formula. State laws vary significantly.
How to Calculate Alimony: A Complete Guide
Alimony, also known as spousal support or maintenance, is a legal obligation for one spouse to provide financial support to the other after a divorce or legal separation. Calculating the exact amount can be complex, as laws differ significantly from state to state.
Common Alimony Calculation Formulas
While some judges have broad discretion, many jurisdictions follow formulas established by the American Academy of Matrimonial Lawyers (AAML). The tool above utilizes the general AAML formula, which is often used as a baseline for negotiations.
- The Income-Based Formula: This typically takes 30% of the payor's gross annual income and subtracts 20% of the payee's gross annual income.
- The 40% Cap: Most courts ensure that the recipient does not end up with more than 40% of the total combined household income after alimony is paid.
- Duration Calculations: The length of time alimony is paid usually depends on the length of the marriage. Shorter marriages (under 5 years) may result in very brief support, while "long-term" marriages (often 20+ years) may result in permanent alimony in some states.
Factors That Influence Alimony Amounts
Beyond simple math, a judge will consider several qualitative factors when finalizing a support order:
- Standard of Living: The lifestyle established during the marriage.
- Earning Capacity: The educational background and employability of each spouse.
- Contribution to the Marriage: This includes non-monetary contributions like homemaking or supporting the other spouse's education.
- Health and Age: Older or ill spouses may receive higher or longer-lasting support.
- Child Support: If child support is also being paid, it often impacts the "available income" used to calculate alimony.
Example Alimony Calculation
Consider a marriage that lasted 12 years. Spouse A earns $100,000 per year, and Spouse B earns $30,000 per year.
- Step 1 (30% of Payor): $100,000 * 0.30 = $30,000
- Step 2 (20% of Payee): $30,000 * 0.20 = $6,000
- Step 3 (Subtraction): $30,000 – $6,000 = $24,000 per year
- Step 4 (Monthly): $24,000 / 12 = $2,000 per month
Types of Alimony
It is important to understand which type of alimony you are calculating:
- Temporary (Pendente Lite): Paid while the divorce process is ongoing.
- Rehabilitative: Provided until the lower-earning spouse can become self-sufficient through training or education.
- Reimbursement: To pay back a spouse for costs like putting the other through medical or law school.
- Permanent: Continues until the death of either spouse or the remarriage of the recipient (common in very long marriages).
Always consult with a qualified family law attorney in your specific jurisdiction to get a binding legal estimate, as state-specific statutes (like those in California, Texas, or New York) have unique nuances not captured by a general calculator.