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In divorce, a frequent question is, "what is the alimony formula".  Well, there really is no set alimony formula for divorce.  This is in full contrast to child assistance, which is decided based upon a particular formula in every single state.  Alimony is based on aspects and those variables are decided via 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 establish alimony?  Those troubles do differ by state.  But, there are also many alimony elements that are frequent from state to state.  So, although there is no certain alimony formula for you to rely on, there are alimony factors that you can look at to support you determine what the alimony may well be in your case.  In divorce, some of the alimony elements that a judge may well look at consist of the following.  First 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 extremely diverse than if the parties have been married for twenty years.  Since the length of marriage varies so considerably in all divorces, it is not achievable to plug this factor into an alimony forumla to decide the alimony quantity.  An additional aspect affecting the award of alimony is employment status.  Clearly, if the spouse looking for alimony has been unemployed or underemployed for a quantity of years to care for young youngsters, the property, or the spouse, that is a element that will militate in that spouse's favor if he or she is looking for alimony.  On the other hand, if that spouse has the capacity to acquire employment that will much more than adequately meet his or her requirements, the court may consider a little differently about awarding alimony to that party.  Other aspects that are considered closely with this factor contain level of education, job expertise, the age of children in the household, and perform history.  A major element that can influence an award of alimony is the quantity of property to be retained or divided by the parties.  If the spouse looking for alimony has been a stay at property parent, but will have signifcant assets after 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 below these circumstances considerably diverse than a request created by an individual who is receiving no assets in the divorce or who does not have any separate property.  [http://vegaacosta.com/ divorce lawyer manhattan ks] The wellness of the party seeking alimony is a significant aspect that can impact a court's selection in awarding alimony.  If the spouse seeking alimony has a debilitating physical condition that impacts regardless of whether or how considerably they can operate, the court will not want to impoverish that party after divorce and the court will be far more most likely to use alimony to address at least fundamental living requirements. [http://vegaacosta.com/ divorce attorney junction city ks]  A single other aspect that ought to be regarded as 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 assistance 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 lawyer.  One problem that is not usually regarded as by the court, but really 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 very tough on each sides to maximize the final benefit to their client in divorce.  [http://vegaacosta.com/ immigration attorney kansas] It must therefore be apparent that in divorce, there can be no effortless alimony forumla, no matter what state you reside in.  It is impossible to plug these and other variables into a mathematical equation to arrive at a "correct" alimony formula.  It is required that the divorce court, or the divorce attorneys assessment how these varied and diverse aspects influence each parties in the divorce and then arrive at a resolution that encompasses all of the divorce troubles, such as property settlement and alimony.  They can't merely set up an alimony formula that would function for all parties.