Spousal Support—How Much & for How Long?

How Long Will Spousal Support Last?

You can get spousal support even though neither spouse has yet filed for divorce.  Not true for alimony pendente lite and alimony.  Once the divorce is finalized, the spousal support ends.  But you may also qualify of for alimony, not the same as spousal support, after the divorce is finalized.

How Much Spousal Support Will I Get?

The following is the 4 Step Process to calculating how much spousal support you will get:

            Step 1.  Determine Spouses’ Monthly Net Income;

            Step 2.  Determine the Basic Spousal Support Amount;

            Step 3.  Adjustments that Can Change the Spousal Support Amount; and

            Step 4.  When to Ask the Judge to Deviate from the Guidelines.

Below I explain each step of the 4 Step process to calculating spousal support.

Step 1.  Determine the Spouses’ Monthly Net Income

Pennsylvania Rules of Civil Procedure is a thick book that has detailed instructions and a formula on how to calculate the spousal support.  It’s a complicated calculation.  Anyone who tells you different doesn’t understand it.

Just to give you a general idea, the instructions for determining the monthly net income for the mother and the father are 7 pages long.  If the attorney doesn’t take the time to get these figures right, you could be losing a lot of money.  If you’re the person that has to pay, you could be overpaying by a lot.  And if you’re the person that receives the spousal support, you could be underpaid by a lot.

Step 2.  Determine the Basic Spousal Support Amount

The Pennsylvania Rules of Civil Procedure has two separate formulas when it comes to calculating alimony spousal support.  One formula for a couple without children, and a different formula for a couple with children.  To give you a general idea, we’ll do the formula for a couple without children making some assumptions.

In 2018, assume wife’s monthly net income is $8,500 and husband’s monthly net income is $3,500.  The formula subtracts those two amounts, $8,500-$3,500 = $5,000.  Then multiplies $5,000 by 40%, which equals $2,000.  That’s what the wife would have to pay the husband on a monthly bases.  Remember, that’s only if Step 1 is done properly.  If it’s not, this amount can be way off.  However adjustments and court deviations change that amount upward or downward.   

Step 3.  Adjustments that Can Change the Basic Spousal Support Amount

In our example, a couple without children, we just figured out that the wife must pay the husband $2,000 per month for alimony pendente lite. Great.  Time to move on.  Right?  Not so fast.  The rules state that there are certain expenses, and if they exist, can lower or raise the monthly payment of $2,000, depending on the circumstances.  Those expenses are the following:

1. Health Insurance Premiums;
2. Unreimbursed Medical Expenses;
3. Other expenses found to be reasonable by the court; and
4. Mortgage Payment.

The adjustments can significantly change the basic spousal support payment.

Step 4.  When to Ask the Judge to Deviate from the Guidelines

Let’s assume that both sides agree the calculation was done right according to the rules.  No dispute.  But even when that happens, the rules allow the court to deviate from that amount.  A deviation can be a higher or lower amount.

To determine if a deviation is appropriate, the court must consider the following 9 factors:

1. unusual needs and unusual fixed obligations;
2. other support obligations of the parties;
3. other income in the household;
4. ages of the children;
5. the relative assets and liabilities of the parties;
6. medical expenses not covered by insurance;
7. standard of living of the parties and their children;
8. in a spousal support or alimony pendente lite case, the duration of the marriage from the date of marriage to the date of final separation; and
9. other relevant and appropriate factors, including the best interests of the child or children.

Therefore, if you think the guideline amount is unfair, and some or all of the 9 factors apply to your particular situation, then the rules allow you to ask for a deviation from the guideline amount.

Don’t Wait to File For Spousal Support or You Could Lose a Lot of Money

Once saw a case where the divorce was going on for 2 years but the attorney for the spouse who needed spousal support never filed for it.  Two years later, they finally did and the court ordered a $2,500 monthly payment, $30,000 annually.  Naturally, the one getting paid said but what about the 2 previous years, a total of $60,000, do I get that too?  Nope.  The time for paying spousal support only goes back to the time you filed for it, and not before that time.  Therefore, waiting two years to file for spousal support lost that client $60,000.

Doesn’t the Court Protect the Me and Make Sure the Calculation is Done Right?  Nope. 

Our legal system is an adversarial system.  That means your lawyer fights for you, and the other lawyer fights for your ex.  If your lawyer fails to calculate the net monthly income properly, doesn’t use the appropriate adjustments when necessary, or fails to ask the court to deviate from the calculation when appropriate, then too bad.  You lose.  The court won’t correct your lawyer and say something like, “hey, your client is entitled to an adjustment and you did not ask for it.”  Won’t happen.

That’s why it’s important to get a lawyer who knows the law so you don’t pay too much or not get what you’re supposed to get.

Sound complicated?  Only because it is.  And that’s why you need a good lawyer to handle your case.

Want Peace of Mind and a Complete Evaluation of Your Case? 

Call (610) 347-5683 NOW or Click HERE to Schedule a Consultation with Chester County Pennsylvania Divorce & Family Law Attorney, Michaelangelo L. Dippolito.  Click HERE to see the attorney’s background.

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• Critical 5 Step Process to Divorce in Pennsylvania
• “Cooperating” with The Other Side Can Cost you Time and Money
• What You Need to Know About the Cost of Your Divorce
• Arming Yourself with Knowledge is the First Step to a New Beginning

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