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There is no calculation, but there are factors that a Judge looks at such as:
Whether you are the custodian of minor children under a certain age who require supervision because they cannot yet take care of themselves (Usually under 10)
Earning capacity of both parties
Standard of living which the parties enjoyed while they were married
Amount of property each gets when the marital property is distributed between them
The payor's ability to pay
Length of the marriage
It is important to note that the Family Court Judges in all 50 states have become very conservative and reluctant to award alimony. Where alimony is awarded, they expect it to be used for rehabilitative purposes; They expect the payee spouse to use the alimony for educational and rehabilitative purposes and become able to enter the working population and become financially independent.
To give you an example of how reluctant Courts have become in awarding alimony, you will rarely, if ever, see an award of alimony for a marriage lasting 10 years or less. For a marriage lasting between 11 to 15 years, alimony may be awarded for about 4 years. For a marriage which lasted 20 years, alimony may be awarded for 5 years and the Court will still expect the recipient to use the alimony to learn a skill, enter the work force and become financially self sufficient.
If you can agree with your husband and enter into an agreement with him as to an amount of alimony and the time during which it will be paid, rather than have the Court decide this issue, you will be ahead of the game, beleive me.
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Thank you for allowing me to assist you and Good Luck!
ANDREA, JD, LLM
Member, NY & PA Bar
I wish I could have given you a diffeent answer, but I am obligated to give correct answers and information.
In case you're wondering why and how all this has changed, it is because of the women's movement and demands for equal rights. Well, we got them, all right, from every angle. Years ago, you never heard of the payee of alimony being the husband. Now, it's commonplace for a husband to demand and receive alimony; but he is under the same obligation to enter the work force and become financially sulf sufficient.
If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question; hopefully, I will be able to give you a more agreeable answer to a future question.
Thanks again for allowing me to assist you and Good Luck
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