In most divorce cases there is one ex-spouse that will need to continue providing for the other.  Sometimes with these types of cases modifications and spousal support orders are needed. 

Spousal support is characterized by: (1) the amount of support, (2) the duration of support and (3) the jurisdiction of the Court over the issue of support. The court has great latitude and discretion in determining spousal support, however, the court will examine the totality of the relationship when making its final decision.  In marriages of ten years or less (a short-term marriage), support is commonly granted for half the length of the marriage. In divorces of marriages that are more than ten years (a long-term marriage), the court will generally not create a future date of termination of spousal support or jurisdiction over spousal support.

Fourteen Factors in Determining Spousal Support

Although there is no concrete formula to determine a spousal support amount, the family court is required to examine 14 statutory factors in its decision.  The factors considered, include: 

1.         Each person’s ability to maintain the marital standard of living, reflected by their earning capacities.  This measures the extent to which each party can earn enough money to have     a standard of living alone equal to that sustained during the marriage.

2.         The educational contributions that one spouse made for the sake of the other. This reflects the extent to which one spouse may have made sacrifices so the other could attain the education, training, career, or licensing needed to provide a certain standard of living for the family. This contribution must have substantially enhanced the receiving spouse’s         earning capacity.

3.         Ability of the supporting spouse to pay spousal support. This takes into account the primary supporting spouse’s earning capacity, earned and unearned income, and assets at the time of the divorce; past and future circumstances don’t count, just present circumstances.

4.         Needs of each party based on the couple’s standard of living during the      marriage. Need includes not just the bare necessities of life, but also the needs of each party to maintain the same station in life after the marriage as during.

5.         Each party’s assets and debts. This includes martial assets and debts as well as the separate assets and debts of the individuals.

6.         Duration of the marriage. A lengthy marriage where one spouse has been out of the job market for a long time may garner a larger amount of alimony as well as lengthen the duration of spousal support.

7.         Employability of the custodial spouse and the impact of employment on children of the marriage. The welfare of the parties’ minor children is the overriding concern here.

8.         Age and physical condition of the divorcing spouses. Health and age considerations may warrant a withholding or an extension of spousal support.

9.         Domestic violence. This factor must be documented and usually involves domestic violence or emotional distress that the supporting spouse perpetrated against the supported spouse in order to impact a spousal support decision.

10.       Tax consequences of the divorce. This factor’s weight in the equation depends on who will be paying the taxes, which party will get the tax deduction, and what effect taxes concerning spousal support will have on the net income of each divorcing spouse.

11.       The relative hardships that the divorce will have on each party.

12.       Length of time that a supported spouse will need to receive support to realistically take the necessary steps to be self-supporting. Generally calculated as one-half the length of the marriage, this factor requires the receiving spouse of spousal support to present to the court a reasonable period of time to reach his or her goal.

13.       A spousal abuse conviction. If one spouse has been convicted of abuse, this is a mandatory factor consideration that can be used to justify reduction or termination of spousal support.

14.         Other just and equitable factors. A catch all spousal support factor that allows the court to consider a variety of other circumstances, whether codified or not.