Alternative Spousal Maintenance Rules

Below are some examples of alternative methods of calculating spousal maintenance: 

• Determined by the applicable law:  This option is the most unpredictable, as it depends on the law that is in effect in the state that you live in at the time. 

• Equalization of Incomes:  The party with a higher income at the time shall pay the party with a lower income enough to equalize the parties’ incomes. 

• Percentage of Difference in Incomes:  The party with a higher income at the time shall pay the party with a lower income a percentage of the difference in the parties’ incomes. 

• Specific Amount.  The agreement can specify a dollar amount to be paid annually.  If you select this option, the amount should be adjusted for inflation. 

• Placing a cap on alimony payments.  A couple may agree upon a certain calculation up to a certain amount. 

• Conditional maintenance.  A couple may agree upon maintenance under certain conditions, such as the birth of a child, reaching a certain anniversary of the marriage, or the disability of one party. 

• Limitation on sources of maintenance.  A couple can agree to limit the income sources that are used to calculate the amount of maintenance.