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All Just just about DivorceDivorce and Maintenance Formula
by:
Jean Mahserjian
In divorce, a common question is, "what is the maintenance formula". Well, there actually is no set maintenance formula for divorce. This is in complete contrast to child support, which is distinct based upon a specific formulas in each state. Maintenance is based on factors and those factors are distinct through divorce negotiation or by a divorce judge. But, there is no maintenance formula accessible to your divorce lawyer or you to determine in advance what maintenance wish be paid in your case.
What makes a divorce court look at to determine alimony? Those issues do vary by state. But, there are besides galore maintenance factors that are common from state to state. So, though there is no specific maintenance formula for you to trust on, there are maintenance factors that you can look at to help you determine what the maintenance mightiness be in your case.
In divorce, several of the maintenance factors that a judge mightiness look at include the following. 1st is the length of your marriage. If the parties have been wedded for one year, the court's attitude towards a request for maintenance wish be really several than if the parties have been wedded for twenty years. Because the length of marriage varies so more in all divorces, it is not possible to plug this factor into an maintenance forumla to determine the maintenance amount.
Another factor poignant the award of maintenance is employment status. Obviously, if the partner seeking maintenance has been at leisure or part-time
for a number of years to care for young children, the home, or the spouse, that is a factor that wish influence in that spouse's favor if he or she is seeking alimony. On the another hand, if that partner has the ability to receive employment that wish more than adequately meet his or her needs, the court mightiness think a little otherwise
just about award maintenance to that party. Another factors that are considered closely with this factor include level of education, job experience, the age of children in the household, and activity history.
A major factor that can affect an award of maintenance is the figure of property to be maintained or divided by the parties. If the partner seeking maintenance has been a stay at house parent, but wish have signifcant assets after divorce or has separate assets, like a trust fund, the court's attitude towards the award of maintenance wish be affected. The court wish surely view a request for maintenance under these circumstances more several than a request ready-made by an individual who is receiving no assets in the divorce or who makes not have any separate property.
The health of the party seeking maintenance is a major factor that can impact a court's decision in award alimony. If the partner seeking maintenance has a debilitative physical condition that impacts whether or how more they can work, the court wish not want to impoverish that party after divorce and the court wish be more likely to use maintenance to address at least basic living needs.
One another factor that should be considered by the divorce court and by the parties, is the liability
of the maintenance payments. In most instances, if there is no specific provision to the contrary, spousal keep payments are assessable to the recipient and tax deductible to the payor. The tax benefit obtained by spreading out economic wealth in this fashion can be significant and should be discussed in depth with your divorce attorney.
One issue that is not always considered by the court, but should be discussed with your divorce attorney, is that maintenance payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay maintenance wish be filing for bankruptcy, the divorce attorneys wish negociate really hard on several sides to maximize the final benefit to their client in divorce.
It should thus be apparent that in divorce, there can be no easy maintenance forumla, no matter what state you live in. It is impossible to plug these and another factors into a mathematical equation to arrive at a "correct" maintenance formula. It is necessary that the divorce court, or the divorce attorneys review how these varied and several factors affect several parties in the divorce and then arrive at a resolution that encompasses all of the divorce issues, including property settlement and alimony. They cannot just set up an maintenance formula that would-be activity for all parties.
Just just about the author:
Attorney Jean Mahserjian is the author of many
websites and books devoted to portion consumers through the process of separation and divorce. To transfer
free excerpts from her family law books, visit: http://www.millenniumdivorce.com
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