calculating spousal support in High Income Cases

What you need to know.

HIGH-INCOME SPOUSAL SUPPORT CASES

When one or both spouses earn above-average income, spousal support becomes especially complex. Unlike child support, there is no universal formula. Judges have broad discretion, guided by state laws, but standard guidelines often fall short in high-income cases. That’s why individualized financial analysis is critical to achieving a fair award.

HOW JUDGES TYPICALLY DECIDE SPOUSAL SUPPORT

Judges start by looking at state statutes or formulas (if the state has them), but the final award usually depends on broader factors, including:

• Length of the marriage – longer marriages may mean longer support.

• Standard of living during the marriage – courts try to maintain something close to the lifestyle enjoyed during the marriage.

• Earning capacity – each spouse’s ability to earn, retrain, or reenter the workforce.

• Income and assets – all financial resources are considered.

• Age and health – whether either spouse has limitations affecting earning potential.

• Contributions to the marriage – including homemaking, child-rearing, or supporting the other’s career.

Support may be temporary, to stabilize finances during the divorce; rehabilitative, to help one spouse regain independence; or long-term, especially in lengthy marriages where self-sufficiency is unlikely.

WHY GUIDELINES FALL SHORT IN HIGH-INCOME CASES

Formulas and “rule-of-thumb” guidelines are designed for average families. In high-income cases, they can:

• Apply the same percentage across all income levels, producing inflated or arbitrary results.

• Ignore the actual needs of the receiving spouse.

• Overlook unique financial structures (bonuses, equity, investments, business income).

• Fail to reflect the true lifestyle established during marriage.

The higher the income, the more these formulas miss the mark—often leading to unjust awards that either overpay or underpay.

A BETTER APPROACH

Fair results require detailed analysis of:

• Actual living expenses.

• The marital lifestyle.

• Each spouse’s earning capacity and future prospects.

Michelle specializes in high-income cases, providing judges with clear, evidence-based financial exhibits. Her process produces calculations that are accurate, defensible, and balanced for both parties.

PROTECTING AGAINST UNJUST AWARDS

In high-income divorces, spousal support requests sometimes exceed true needs, aiming more at lifestyle upgrades than fairness. Judges rely on credible financial documentation to sort through these claims. Without it, the higher-earning spouse risks paying far more than necessary.

Michelle works with attorneys to present detailed, fact-based financial analysis that helps courts arrive at just and appropriate outcomes.

Click here to contact Michelle to discuss your high income, spousal support case.