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The tax implications of the payment. If you have to pay taxes on what you receive, you may need a larger amount than if you do not have to pay taxes on the payment. |
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The past standard of living, assuming that it was based on fully reported income. In some states, the idea of maintaining the same lifestyle is part of the statute and is a goal, although it is not often reached. |
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Judges and lawyers look at these factors to determine how much maintenance one of you should pay the other. The single most important factor, is, of course, how much money there is to go around. |
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You Can't Always Get What You Want, but You'll Get What You Need |
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We've all heard the notion, bandied about on TV and in the movies, that maintenance should enable the receiving spouse to continue to live in the style to which he or she has become accustomed. Well, forget it! The idea is nothing more than a fabrication of Hollywood and a self-indulgent turn of phrase. |
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The expression sounds nice, but you'll note that it doesn't make it into the top 12 list above. Though many vital factors figure into the award, the style to which you have become accustomed doesn't weigh that heavily. In almost all cases, that style was based on an intact family unit no longer a reality. (And sorry to say, in too many cases, luxurious lifestyles are fueled by a failure to pay appropriate taxes or loans from the family store. Such dirty little secrets often come to light during a divorce action, limiting the available funds for all. |
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It is, in short, impossible to state any rule about how much you should expect to pay or receive. Unless you are wealthy, you should expect to have to cut back, be forced to make and stick to a budget, and consider going to work or working more. |
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