How is the amount of alimony determined?

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How is the amount of alimony determined?

My husband of 15 years wants a divorce with no lawyer. He says he will pay alimony of $850 a month for 7 1/2 years. I have not worked for 8 years. He makes 85k a year. Would it be reasonable for me to ask for a higher amount? Is the amount based on a percent of his income? If so what percent. How can I determine what amount would be fair to ask for?

Asked on August 1, 2012 under Family Law, Arizona

Answers:

Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

Alimony was created to assist a spouse who lost the opportunity to advance his or her career during the marriage.  The purpose of alimony is to assist that spouse in maintaining a comparable life style that he or she shared while he or she was married.  Some of the factors that a court will consider in determining whether or not to award alimony include, but are not limited to, their resepctive ability to pay, the duration of the marriage, the age and health of the parties, the standard of living during the marriage, their earning capabilities and employability and equitable distribution of the marital property. 

The question is difficult to answer without more information. However, as a rule of thumb, some practitioners take one 3rd of the difference in your income to determine annual support. For marriage of 15 years, you could expect to have alimony for anywhere between 8 years and permanently.

You should speak with an experienced attorney who is familiar with these areas of law.

Good luck.

Brad M. Micklin, Esq.

187 Washington Ave., Suite 2F

Nutley, NJ 07110

973-562-0100

[email protected] 

This information is based on New Jersey law and upon the limited facts you presented. My advice may be different if I find that the facts presented are different.  Additionally, this answer does not contain any confidential information nor does it create any attorney/client relationship. 


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