Understand How Divorce Spousal Support Calculator Works
Divorces are bitter truths. Couples get separated for reasons where they find they no longer share the same compatibility. To not to make your legal separation fight dirty, it is always advisable to hire a divorce lawyer. Especially your spouse has already initiated the legal process, you may find it overwhelming to know what’s included and what’s not. Also, with every state, the divorce spousal support calculator varies. You obviously want to have clarity because it’s your alimony money where most of your future will be depending.
When Is The Spousal Support Issued?
Spousal support is only applicable to the cases where both parties have filed for the divorce / legal separation. It is also known as alimony. It is where the one partner/spouse is asked to pay the other spouse a specific amount, which is usually every month. Also, if minor children are involved, the spouse is also required paying for them as well.
Also, there are few clauses to consider, and spousal support is most likely to be not offered when:
- The marriage was of short duration which is less than 2 or 3 years
- Both spouses are self-sufficient and employed
Courts will require instances where the other spouse is financially stable than the other, and on that basis, the alimony amount is decided. Also, in certain cases, who has initiated the divorce process is mostly the one to pay the alimony. But, like again said, if the separation is mutual, alimony and child support money is decided accordingly. There is no “set rule” when it comes to the alimony amount.
Who Qualifies For The Spousal Support/Alimony?
Spousal support or alimony varies on a case basis. As each divorce case is different, so is the alimony amount. In the majority of the cases, a marriage that has been sustained for more than five years or longer qualifies for spousal support. However, the alimony decided by the court is based on a spousal support calculator and other analysis.
The court considers several factors when making a final call, such as:
- The properties and assets owned by each spouse
- Where one spouse is significantly involved in the debt
- The earning capacity of both the spouse
- Each spouse contribution towards the relationship for example homemaker, career and education
- If there is a prenuptial agreement
- Other factors such as physical and mental health conditions
- History of abuse or criminal record
Alimony payment is subject to change if the paying spouse suffers a loss or reduction in his/her income or retires. The court will review the circumstances to determine the new financial downturn. If that happened in good faith furthermore; also denying the reduction in alimony request.
How Is The Alimony Calculated?
The divorce spousal support calculator is used by the majority of the attorneys who are into divorce proceedings. The calculator offers calculations which are based on the guidelines by the state jurisdictions.
The net income figured out by the calculator is 70% of the gross income. However, the tax situation and other analysis will have an impact on these calculations.
These are complex calculations that involve different kinds of paperwork and estimating things of both spouses. Also, with every state, this will differ. Hence, it is advisable to hire a qualified divorce attorney to handle your case. At times there are instances where you may have offered a bad deal or agreed to something that you didn’t understand on the first go. Re-editing and reorganizing your entire case is much of a task and this involves going back to the court and requesting to change the final order. Well, not only your time and efforts are involved but messing up may cost you. Also, the divorce agreement is usually not allowed to re-open unless under specific considerations.
Is It Necessary To Hire A Divorce Spousal Support Lawyer?
With every state, the divorce filing regulations change. You must remain guided throughout your legal process. Filing for divorce is one thing and filing for spousal support is entirely different. Your lawyers will be helping you to understand how the legal procedure is done. It requires various documents, proofs and statements. A qualified divorce lawyer knows the in and out of the process, additionally using a spousal support calculator, the attorney will be able to give much clarity on the alimony amount.
Significant benefits that you can avail are:
- The attorney can make you understand your rights
- You need a piece of objective advice during your lows
- Provides you with the best workable options
- Handles entire paperwork
- Helps you focus on the bigger picture
The lawyer will help you get a better settlement, ensuring that your needs are covered. Furthermore, your lawyer will assist you with the paperwork and filing process just in case it needs modifications for spousal support.