my lawyer asked me how much do want i ask as spousal maintenance for the whole divorce?

Can my wife claim spousal maintenance after a divorce?

Spousal Maintenance. In some instances, a wife will ask for alimony, also known as spousal support or spousal maintenance. Alimony is the court-ordered payment of money to your wife after the dissolution of marriage. If you made more money (especially if you were the primary breadwinner), there is a good chance your wife will seek alimony.

Do I have to pay maintenance on divorce or dissolution?

Spousal Maintenance, formerly called alimony, is defined by Minnesota Statute §518.003 as “an award made in a dissolution or legal separation proceeding of payments from the future income or earnings of one spouse for the support and maintenance of the other.”. Basically, spousal maintenance a payment from one ex-spouse to the other after ...

Do I need a lawyer for spousal maintenance?

Don't go into a maintenance dispute without making sure you've presented yourself in your case in the best possible light. If you're seeking spousal support or need to contest or change a support request, contact Jennifer B. James, P.C. You can reach me at 719-473-1813 or drop by my downtown Colorado Springs offices.

How is the payment of spousal maintenance decided?

There is no set formula for the calculation of spousal maintenance as there is for child maintenance. The payment has to be affordable for the paying party plus the needs of the payee have to be genuine. The amount you receive would depend on many factors, including: how much you need to live on how much income you already have

How much is spousal support in NYS?

For marriages from 0 to 15 years, it is 15-30% of the duration of the marriage. If you've got a 10-year marriage, it would be 1.5 to 3 years of maintenance. If you have a 15-20-year marriage, it is 30-40% of the duration of the marriage. And more than 20 years, it is 35-50% of the duration of the marriage.

How do you calculate spousal support in Ohio?

If lifetime support will not be awarded, then the general rule of thumb is for spousal support to be awarded for one-third of the length of the marriage. For example, if a couple had been married for 15 years, the court might order spousal support to be paid for a term of five years.Sep 1, 2021

What should a wife ask for in a divorce settlement?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.Sep 14, 2017

What is reasonable spousal maintenance AZ?

On the lower end, a spouse may receive $1,200 (15% of $8,000). On the higher end, a spouse may receive $2,000 (25% percent of $8,000). That means that the spouse would likely receive somewhere between $1,200 and $2,000 per month.

Who pays the most spousal support?

Top 10 Highest Alimony PaymentsAmy Irving & Steven Spielberg — $100 million.Kevin Costner & Cindy Silva — $80 million. ... Kenny & Marianne Rogers — $60 million. ... James Cameron & Linda Hamilton — (more than) $50 million. ... Michael & Diandra Douglas — $45 million. ... Ted Danson & Casey Coates — $30 million. ... More items...•Sep 23, 2014

Is spousal support mandatory in Ohio?

As with most divorce-related issues, spouses can create an agreement that details the terms of support, and the court will honor it. However, spousal support isn't automatic in Ohio, so when spouses can't agree, the court must decide if the requesting spouse qualifies for support and if so, how much and for how long.

What is leverage in a divorce?

Leverage is what you need to incentivize the other person to settle. This might be information, money, or anything that you know will cause the other side to want to resolve the case, and more importantly in a way that you want it to settle.Aug 25, 2021

What is fair to ask for in a divorce?

The Elements of a Fair Settlement in Divorce: Parenting plan and child custody (parenting time); Child support and related expenses. Alimony / maintenance / spousal support / spousal maintenance (determining if it applies and if so, the amount and duration);

Is spouse entitled to 401k in divorce?

In both types of states, any money you put into your 401(k) before you got married isn't considered marital or community property and isn't subject to division in a divorce. If one spouse has significantly more savings than the other, a court may order the one with more savings to give some to the other.Mar 23, 2021

How is spousal maintenance calculated?

When it comes to calculating spousal maintenance, there is no set formula to follow – unlike child maintenance. Usually, the amount to be paid is determined by the couple or by the court after considering the circumstances. The court will decide both the amount to be paid and the length of time.May 9, 2021

How long do you pay spousal maintenance?

Spousal maintenance is usually paid on a monthly basis and continues either for a defined period (term of years) or for the remainder of the parties' life (known as a “joint lives order”). Spousal maintenance ends if the recipient remarries or if either party dies.

How long does spousal maintenance last in Arizona?

In terms of spousal maintenance duration, most court orders require alimony payments to last 30 to 50 percent of the marriage duration. A year-long marriage, for example, may result in spousal support lasting four months or so.Dec 14, 2019

Will Spousal Maintenance Be Awarded?

The general standard in most locations holds that spousal maintenance can be awarded if the spouse lacks sufficient property, including marital pro...

How Is Alimony Determined?

Generally, there are designated factors that the court has to consider in determining whether or not to order a party to pay alimony. Courts usuall...

How Much Alimony Will I Have to Pay?

Spousal support awards vary from state to state. In some states, the laws even vary from county to county and even sometimes among judges. There is...

When Can I Stop Paying Alimony?

There are myriad other reasons that may terminate or reduce alimony, but the basic idea is that if there is no longer a need for support, then you...

What Does Spousal Maintenance Pay For?

Spousal maintenance can be ordered as either a substitute for a property division, short-term support to aid the ex-spouse in becoming self-suffici...

When does spousal maintenance stop?

Spousal maintenance and periodical allowances usually stop when: you or your ex-partner die. the payment term ends. the person receiving spousal maintenance remarries or enters into another civil partnership. the court provides an order to stop the payments.

What is spousal support?

Spousal maintenance. When you divorce or dissolve a civil partnership, one of you may agree to pay the other ongoing spousal maintenance payments. This is known as ‘spousal support’ or ’alimony’, and as ‘periodical allowances’ in Scotland, and is designed to help the financially weaker party adjust to their financial position after divorce.

Can I apply for spousal support?

You can apply directly to the court for spousal maintenance. If you feel you may be eligible for spousal maintenance, Ask a lawyer for more details about applying and the costs involved.

Is there a formula for spousal maintenance?

There is no set formula for the calculation of spousal maintenance as there is for child maintenance. The payment has to be affordable for the paying party plus the needs of the payee have to be genuine. The amount you receive would depend on many factors, including: how much you need to live on. how much income you already have.

Is divorce a problematic issue?

It is often one of the first topics people want advice on and unsurprisingly it is very often a problematic issue in divorce and dissolution cases. That said, it is often underplayed and its significance and benefit can be minimised by the potentially paying party.

Does the court have to consider whether it is possible to achieve a clean break between the parties?

However, legislation obliges the court to consider whether it is possible to achieve a clean break between the parties, or whether the needs of one party require maintenance to be paid by way of a ‘top up’ income from other sources to meet his or her ‘needs’.

Is spousal maintenance a financial issue?

The truth of the matter is that spousal maintenance, as with any financial issue arising from divorce, is complex and the ‘rules’ vary enormously from case to case.

Is there a duty to support each other in a marriage?

In short, there is a common law duty imposed upon spouses to support each other whilst the marriage /civil partnership exists but what many people aren’t aware of is that the duty continues after separation as a result of statute. There is no automatic entitlement to spousal maintenance on divorce or dissolution.

Is spousal maintenance binding?

His guidelines are not binding but he provides a useful summary. A spousal maintenance award is properly made where the evidence shows that choices made during the marriage have generated hard future needs on the part of the claimant. Here the duration of the marriage and the presence of children are pivotal factors.

What is spousal maintenance?

Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by the obligor-spouse to the other spouse or former spouse (the obligee) to the divorce or legal separation.

What is spousal support?

Spousal maintenance, also referred to as spousal support or alimony, is court-ordered support paid by one spouse (the obligor) to the other spouse or former spouse (the obligee) in the divorce or legal separation. Contact our Phoenix spousal support lawyers with any questions you have.

Does spousal support end with cohabitation?

Support may also terminate with the recipient’s cohabitation with a partner. The court may require that a life insurance policy guarantee that spousal maintenance payments continue for the entire ordered period, even if the obligor is deceased.

Can spousal maintenance be modified?

When spousal maintenance is modifiable, either party has the right to ask that the court change the amount. In general, a maintenance award may be modified with a substantial change in circumstances following the original maintenance order. The parties may agree, however, that the maintenance order will not be modifiable.

Is spousal maintenance tax deductible?

Are there tax considerations with spousal maintenance? Yes. With spousal maintenance, the income tax obligation shifts from the obligor-payer to the obligee-recipient of the money. The obligor may deduct the money paid for spousal maintenance, or alimony, from his or her gross income. The spouse or former spouse receiving ...

Is Arizona a no fault divorce state?

No. Arizona is a “no fault” divorce state, which means the court doesn’t consider marital misconduct when deciding whether to award, or not to award, spousal maintenance. Whatever fault there may have been — infidelity, alcoholism, gambling, drug problems — it is not a factor in awarding support. Which spouse initiated the divorce has no bearing on the court’s decision to award maintenance either. A.R.S. § 25-319 requires a two-part test to determine the appropriateness of maintenance in every family law case.

What is temporary spousal support?

Temporary spousal support—also referred to as temporary alimony —helps maintain the pre-divorce financial status quo. For example, let's say that before the divorce started, your spouse was paying the mortgage, utility bills, and monthly car lease, but now those payments aren't being made. In a request for a temporary support order, you'd ask the court to instruct your spouse to continue covering those expenses and/or provide you with a certain amount of money each month to cover your financial needs while the divorce proceeds.

What does alimony judge consider?

When judges set long-term or permanent alimony, they consider factors set out in the state's divorce laws to decide the type and amount of final support, if any. A request for temporary spousal support, as with so many aspects of divorce, can be a challenging task if you're not familiar with the process.

What is the disclosure form for a divorce in California?

In California, these forms are referred to as the Preliminary Declaration of Disclosure, which includes an Income and Expense Declaration and a Schedule of Assets and Debts.

Do courts use formulas for alimony?

This is similar to what courts use to determine child support. But in states that don't use formulas for alimony, judges will try to be fair to both spouses and set an amount that's based in part on the requesting spouse's financial need and the paying spouse's ability to pay.

Can a judge take testimony from both spouses?

Otherwise, the court will schedule a hearing. During these temporary hearings, judges don't usually take testimony from anyone.

Can alimony be carried over to the final judgment?

Some may carry over into the final judgment of divorce, essentially becoming the permanent or long-term alimony order. This often happens with a child support order, but it's less likely with temporary spousal support, because at the end of the divorce, the court is no longer concerned with the pre-divorce status quo.

How long do you have to go through abandonment before filing for divorce?

You may get more favorable terms in a division of assets, alimony, or in other parts of your divorce where courts have discretion. The drawback with claiming abandonment is that you are usually required to go through a defined period of abandonment (typically one year) before you can file for divorce.

What happens if you abandon your spouse?

In most cases, an abandoning spouse has forfeited any property rights, and has lost the right to make decisions about abandoned personal and real property. The abandoned spouse also has what is known as the “right of occupancy” which gives them the upper hand in negotiations to create a final settlement.

What happens if a spouse leaves a marriage?

If a spouse leaves a marriage because the other spouse has made conditions intolerable to stay, the person leaving the marriage can claim constructive abandonment. Suppose your spouse is abusive to you, has committed adultery, or has a chronic substance addiction problem.

What does "abandonment" mean in divorce?

Abandonment does not take place when a spouse moves out of a family home to create a temporary or permanent separation unless it also includes the refusal to provide any type of support.

How long does it take to abandon a marriage?

In some states, this duration is one year, but laws can vary from state to state. For couples contemplating divorce, it’s important to know the difference between separation and abandonment.

What is the term for abandonment in divorce?

In some fault-based divorce states, this is known as “willful desertion” and can be cited as a specific ground for divorce. There are two types of abandonment: 1. Criminal Abandonment.

Can you abandon a spouse in a no fault divorce?

Also, it is not considered abandonment when one spouse leaves as a prelude to a divorce, as long as the spouse continues to honor their financial obligations to the marriage.

What is spousal support in divorce?

This Fact Sheet provides general information about spousal support under the Divorce Act. The Divorce Act applies to married couples who are divorcing. Provincial or territorial laws apply to unmarried or common-law couples that are separating and to married couples that are separating but not divorcing.

What is a spouse compensation?

To compensate a spouse who sacrifices his or her ability to earn income during the marriage; To compensate a spouse for the ongoing care of children, over and above any child support obligation; or, To help a spouse in financial need arising from the breakdown of the marriage.

What is the role of each spouse in a marriage?

The roles of each spouse during their marriage; The effect of those roles and the breakdown of the marriage on both spouses' current financial positions; The ongoing responsibilities for care of the children, if any; Any previous orders, agreements or arrangements already made about spousal support.

Is spousal support advisory available?

The Spousal Support Advisory Guidelines are available for anyone to consult. However, since calculating spousal support is so complex, it is very important to consult a family law professional.

Can I change my spousal support agreement?

If you and your former spouse have a spousal support agreement, and either of you experiences a change in your circumstances, you may wish to change your agreement to reflect your new situation. However, both you and your former spouse will need to consent to any proposed changes to your agreement before they can take effect.

Do I have to pay spousal support if I have a court order?

If you are paying spousal support that is set out in a written agreement or in a court order, you must continue to pay unless: You and your former spouse agree to change your agreement; or. The conditions for stopping payment, as set out in the order or agreement, have been met.

Is spousal support law?

Unlike the Federal Child Support Guidelines, the Spousal Support Advisory Guidelines are not law. They help calculate appropriate spousal support amounts, whether for court orders or for out-of-court settlements and agreements.

What happens if you don't agree with alimony?

If you and your spouse can’t agree on the terms of a spousal support award, a judge will decide alimony in your case. Judges evaluate a number of factors to determine whether or not an alimony award is appropriate and if so, how much.

Who is responsible for paying alimony?

Typically, the higher-earning spouse will be responsible for paying alimony to the other spouse if there’s a demonstrated financial need, the high-earning spouse is able to pay, and other criteria are met. For example, in Utah, a court will evaluate each spouse’s ability to earn, the obligor spouse’s ability to pay alimony, ...

How does rehabilitative alimony work?

Rehabilitative alimony can help a spouse meet basic expenses while obtaining an education or starting a new career path. Rehabilitative alimony awards will vary based on your family’s unique needs. For example, an award could be a few hundred dollars paid out over six months or it may be an award of several thousand dollars paid over several years. In either case, rehabilitative alimony is meant as a temporary crutch until the recipient spouse’s earnings increase.

What factors are considered when determining if alimony is appropriate?

Specifically, a court will examine the following: each spouse’s finances, including monthly income, expenses, and earning capacity. the supported spouse's financial needs, the obligor spouse’s ability to pay alimony.

What is a rehabilitation alimony?

Rehabilitative Alimony. In some cases , one spouse may need to start a new career or educational path following a divorce. Rehabilitative alimony can help a spouse meet basic expenses while obtaining an education or starting a new career path. Rehabilitative alimony awards will vary based on your family’s unique needs.

What causes alimony to be terminated?

the length of the marriage, and. in some states, either spouse's conduct (fault) that may have caused the marriage to fail. Certain events like either spouse’s death, cohabitation, or remarriage, automatically terminate a permanent alimony award.

Why do judges award alimony?

Many judges award alimony to balance the financial needs and lifestyles of divorcing spouses. Alimony had a historical stigma that it was paid by a well-earning husband to a needy wife. That is definitely not always the case. Virtually every state’s alimony laws are gender neutral. Typically, the higher-earning spouse will be responsible ...