How is Spousal Support Decided?

During divorce proceedings, one spouse can seek support as part of the final judgment. Spousal support also known as alimony, can be awarded to one spouse for the rest of their life, a short period of time, or for a specific purpose, such as for education so they can obtain employment. When determining the type of spousal support to be awarded and the amount of that award, the judge will evaluate a number of different factors, including the following:

  • The age and health of both spouses
  • The length of the marriage
  • Whether there is documented evidence of domestic violence during the marriage
  • Whether each party's earning capacity is enough to maintain their previous standard of living
  • Whether the supported spouse's earning capacity is impaired by periods of unemployment while caring for the children or home
  • Whether the supported spouse contributed to the other spouse attaining education, a career, training, or a license
  • The supporting spouse's ability to make payments based on their assets, earning capacity, earned and unearned income, and standard of living
  • Each spouse's needs based on their standard of living during their union
  • Each spouse's assets, separate property, and obligations
  • The supported spouse's ability to work without interfering with their ability to properly care for the couple's children
  • The immediate tax consequences support would have on each party
  • The balance of hardship between the spouses

If you must address the issue of spousal support in your divorce proceedings, it is important that you retain knowledgeable advocacy for your case. At Claery & Hammond, LLPour attorneys are committed to providing our clients with exceptional representation at every stage of the divorce process. By enlisting a member of our experienced team, you can be confident your rights will be protected and you will receive a powerful voice before the court. Contact our firm today to discuss your unique situation or fill out a free case evaluation form to learn more about your options.