Finishing sep. agreement and would like your opinion of alimony payment figure. Figure is $1,100 mth. gross. Supporting spouse income is $60k gross and dependent spouse is $18k. Marriage length is 25 years. No marital misconduct either party. Dependent spouse is in late 40’s, supporting spouse early 50’s. Supporting spouse has masters degree and dep. spouse has a few years of college with no degree and works in school system. Both spouses in good physical and mental condition. Supporting spouse’s masters degree paid for thru work. Supporting spouse taking all debt (10k/$450 mth) and car pmt (13.5k/$300 mth)
2 children, 20 and 22 and in college.
proposed duration of alimony is 12 years.
What additional info. is needed to be able to make a general/informal determination if this figure is “reasonable” ?
Even though it is not required by all counties, the court usually refers to a person’s financial affidavit to determine what their needs are. The form linked to is for Cabarrus county, and the counties that require each party file a financial affidavit under their local rules usually create their own form so you should find the form that is correct for the county in which you live.
Since I’m supporting spouse, when filling out this form for the proper county, I’m assuming I should put down what my expenses would be being single, not as I’m paying them now (paying for 2 households).
I would want the form to accurately represent what your expenses will be after separation. In Wake County, our forms have a block for “date of separation” values and for “current” values. Date of separation values are meant to be the expenses during the marriage, and current are meant to be expenses after the separation. If a client has recently moved or has not yet incurred a specific expense, I tend to have them put estimated expenses in the financial affidavit and then make a note of it on the bottom of the form. It can always be updated with actual expenses prior to a court hearing.