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In divorce, a common question is, "what is the alimony formula". Well, there really is no set alimony formula for divorce. This is in full contrast to child support, which is decided based upon a particular formula in each state. Alimony is based on aspects and those variables are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula obtainable to your divorce attorney or you to determine in advance what alimony will be paid in your case. What does a divorce court appear at to determine alimony? Those concerns do vary by state. But, there are also numerous alimony aspects that are prevalent from state to state. So, although there is no precise alimony formula for you to rely on, there are alimony variables that you can appear at to help you determine what the alimony may possibly be in your case. In divorce, some of the alimony factors that a judge may appear at include the following. Initial is the length of your marriage. If the parties have been married for 1 year, the court's attitude towards a request for alimony will be really distinct than if the parties have been married for twenty years. Simply because the length of marriage varies so much in all divorces, it is not possible to plug this aspect into an alimony forumla to decide the alimony quantity. Yet another element affecting the award of alimony is employment status. Naturally, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young young children, the property, or the spouse, that is a element that will militate in that spouse's favor if he or she is seeking alimony. On the other hand, if that spouse has the capability to get employment that will much more than adequately meet his or her wants, the court may possibly feel a little differently about awarding alimony to that party. Other factors that are considered closely with this factor contain level of education, job experience, the age of kids in the household, and work history. A major aspect that can have an effect on an award of alimony is the quantity of property to be retained or divided by the parties. If the spouse seeking alimony has been a remain at residence parent, but will have signifcant assets following divorce or has separate assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The court will absolutely view a request for alimony under these circumstances much distinct than a request produced by an individual who is receiving no assets in the divorce or who does not have any separate property. child custody lawyer manhattan ks The wellness of the party searching for alimony is a significant factor that can impact a court's choice in awarding alimony. If the spouse seeking alimony has a debilitating physical condition that impacts whether or not or how much they can function, the court will not want to impoverish that party immediately after divorce and the court will be a lot more likely to use alimony to address at least fundamental living demands. child custody lawyer kansas 1 other factor that really should be considered by the divorce court and by the parties, is the taxability of the alimony payments. In most instances, if there is no specific provision to the contrary, spousal help payments are taxable 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 must be discussed in depth with your divorce attorney. One particular concern that is not often considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If there is any possibility that the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will negotiate extremely challenging on both sides to maximize the final benefit to their client in divorce. divorce attorney junction city ks It must therefore be apparent that in divorce, there can be no simple alimony forumla, no matter what state you live in. It is impossible to plug these and other variables into a mathematical equation to arrive at a "appropriate" alimony formula. It is required that the divorce court, or the divorce attorneys critique how these varied and different factors impact each parties in the divorce and then arrive at a solution that encompasses all of the divorce problems, such as property settlement and alimony. They can't merely set up an alimony formula that would work for all parties.