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Although most states do not have mandatory spousal support laws, there is a definite need for a method for determining the amount of spousal support that should be awarded. With this in mind, Professors Carol Rogerson and Rollie Thompson developed their spousal support guidelines. The draft of these guidelines was released on January 27, 2005 for the purpose of helping to assist judges in determining how much spousal support should be awarded. There are two formulas for determining spousal support included in the guidelines. One formula is for when spousal support is awarded in conjunction with child support and the other formula is for when spousal support is awarded but there is no child support. This article will touch upon both formulas.
The without Child Spousal Support Formula
When there are no children, and thus no child support, the formula for determining the amount of spousal support to be awarded is simpler than when child support is involved. In this formula there are two significant considerations in determining spousal support. These considerations are the duration of the marriage and the difference in the gross incomes of the spouses. The difference in the incomes is considered in an effort to equalize the income of the spouses after the divorce through spousal support. Specifically, one spouse will have a lower gross income because they are the partner paying spousal support while the other spouse will have a larger gross income because they are the recipient of the spousal support.
The without child spousal support formula is a two part equation designed to determine the amount of spousal support as well as the duration of time for which the spousal support should be paid. In this section we will examine both parts of this equation. To determine the amount of spousal support, start by determining the gross difference in income. To do this subtract the gross income of the lesser paid spouse from the gross income of the higher paid spouse. Once this amount is determined take 1.5% to 2% of the result for each year in which the couple cohabitated as long as this duration is less than 25 years. If the duration of the cohabitation exceeds 25 years, the amount of spousal support should be fixed at 37.5% to 50% of the difference in gross income.
Determining the duration for which spousal support should be paid is considerably easier. For this determination the duration of spousal support payments will be equal to 0.5 to one year for each year the couple was married. However, there are some exceptions to this law. In particular, spousal support should be paid indefinitely in situations where the marriage lasted longer than 20 years. In addition, if the age of the recipient in addition to the duration of the marriage exceeds 65, there is typically no fixed termination date on the spousal support payments.
The with Child Spousal Support Formula
It is important to note child support must be awarded as a priority over spousal support. For this reason, the formula for determining spousal support with child support is more complex than the formula used when child support is not involved. For starters net income instead of gross income is used in this formula. Once the net incomes are determined for each spouse, these can be added together. Next spousal support payments can be set to allow for the recipient to have 40% to 46% of the total net income.
Determining the duration of spousal support is accomplished by performing two tests. The duration of the spousal support should be equal to the longer duration from these two tests. In situations where the marriage lasted for longer than ten years, spousal support should be awarded for one year for every year of marriage. For marriages that lasted less than ten years and where children are involved, the duration of the spousal support is set to terminate at the time when the youngest child completes high school.
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