Figuring Amount Of Alimony

• When you're settling your case, your lawyer's guiding light will be his idea of what a judge is likely to do if you proceed to trial. As a general rule, the amount of alimony you can get is based on the standard of living to which you became accustomed during your marriage. A judge will typically look at what you earn and what you need to approximate that standard. Then she'll look at what your ex makes, what his reasonable needs are and what income he has available after meeting those needs to maintain you in your accustomed standard of living.
  
  

Spousal Income Relevance

• Your ex's new spouse has no obligation to support you. She does, however, owe certain obligations to your ex. Chances are she's sharing a home with him, contributing to groceries, utilities, debts, etc. Because she's bringing income into the home, your ex will be able to use more of his to pay alimony. If a judge is likely to see that he has significant discretionary income, he runs the risk of a larger alimony award than he would if he'd remained single. Outside of court, then, he'll be motivated to agree to a reasonable settlement proposal to avoid the exposure he'd face in front of a judge.
  
  

Settlement

• Just because you can establish need on your part and ability to pay on your ex's, it doesn't necessarily follow that he'll agree to pay every dollar of your demand. Generally, when you settle a case, you agree to accept less than you could possibly get in court; in exchange, you eliminate the risk that you could get less than what's being offered. To motivate your ex to settle, you have to give him something to lose -- your best offer must be lower than his maximum exposure in court. If the worst he's likely to do by trying the case is exactly what you're demanding, he might as well take his chances.
  
  

Other Factors

• Your ex's new spouse's income is only one of the many factors that go into the amount of an alimony settlement. Her ability to contribute to their household is relevant, too; if she or her children have expensive health problems or if she carries support obligations from a prior marriage, her presence in the home won't help you as much. If your ex is employed in a volatile industry, or has health problems of his own, the shakiness of his income and health will be settlement factors in his favor.