How is the amount of alimony pendente lite to be paid calculated?
In general, an order of alimony pendente lite must be fair. It cannot be confiscatory. Consideration must be given to the payor’s ability to pay as determined by his/her separate property, income or earning capacity and the need of the recipient as determined by his/her separate property, income or earning capacity. The reasonable living expenses of each party must also be taken into account. As a practical matter, reference is made to the statewide support guidelines. Under these guidelines, the net income of each of the parties is computed. Net income is calculated by subtracting federal, state and local income taxes from gross income. When there are no children involved the alimony pendente lite Order will normally be 40% of the difference between the net income figures. When there are children involved, the child support will first be calculated (see calculation of child support information) and after subtracting the amount of child support from the payor’s net income, the alimony
