Don't Fall Into Spousal Support's 3 Deadly Traps

Historically spousal support or alimony cases were the realm of lawyers, and many deserving people were left out in the cold because they could not afford the large legal fees required to resolve their alimony or spousal support woes.

It's all about money, and you need to get it right the first time, because if the numbers are too low your ex may fight or run to a lawyer, if the numbers are too high somebody suffers - or the payments dry up.

"My wife's attorney said I should pay in the range of $2,500 to $3,000 per month, but I discovered how to calculate and negotiate spousal support amounts. We came to an agreement for $1,600 a month payable for four years. We both think it's fair, and I hate to think how much it would have cost us both in legal fees if we actually continued with the attorney route". David P. LA California

Quick Fact: Spousal support (alimony) is arranged by only one of two methods. By consent between the parties or by having a court issued order.

Too many people make the mistake of jumping directly to the crunching of numbers - there is an important consideration to resolve first, and only when that is done can you safely move to the money stuff. This trap is often side-stepped by lawyers and you ignore this step at your peril.

Another deadly trap is buying into the concept of advisory guidelines. Using any published advisory guidelines alone is a lazy lawyer's way of making a case.
If you learn only one thing today let it be this important point - when it comes to spousal support individual analysis is required. The next paragraph is from a court transcript.

"Trial judge erred by not engaging in a detailed individual analysis.”
Court states that “the dossier as it is and the brief pleadings of counsel on this aspect do not permit us, in my opinion, to pronounce a judgment of principle upon the utilisation of the Advisory Guidelines.”

The court refers to important criticisms of Advisory Guidelines found in judgments of Justices Julien and Gendreau and concerns and further slams “recipes and formulas being used to avoid the difficult individual analysis required."

How to calculate spousal supportr

I think you'll agree that coming up with a dollar figure can be difficult. That is why you need to know how to determine reasonable amounts and a reasonable time limit so you can end the alimony issues on fair terms. I use the results from 2010 court cases from all over North America to determine what the types of awards the courts are ordering. This method shows the court's range and it is just a starting point because each case stands on its own. Your situation is unique. I have written an e-book which shows you how to simplify and resolves things so you can feel better and get alimony issues resolved quickly without interference from lawyers.

You have just read that any published guidelines are virtually useless and you need to do an individual analysis, and you may think that the analysis is difficult. It is because there are several factors to consider and if it were easy anybody could do it.