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How is spousal support determined?

On Behalf of | Nov 3, 2023 | Divorce

If you and your spouse decide to get divorced and you either did not work outside of the home during the marriage or were the lower-earning spouse, you may be concerned about how spousal support is determined.

Spousal support overview

Spousal support, also known as alimony, is the financial assistance one spouse pays to the other spouse after they are divorced. It is awarded to help the receiving spouse maintain a similar standard of living that they had during the marriage.

It may be awarded temporarily or permanently, depending on the couple’s circumstances and the receiving spouse’s needs.

Factors considered

The court may consider several factors when deciding how much spousal support to award. It will review the duration of the marriage. If the marriage was long, there may be a higher probability that the court will award spousal support.

It will also review each spouse’s earning capacity, including their education, work experience and skills. This includes weighing whether one spouse will need additional training to find employment. Another factor for consideration is the age and health of the parties. If the receiving spouse is earlier in their career and is healthy, the amount of spousal support may be less.

The court will also determine the financial resources each spouse has, which includes their income and property. If the spouses have children in common, the court may also review the custody arrangement as a factor in awarding spousal support.

The specific amount of spousal support will depend on the couple’s circumstances.