Spousal Support

Today spousal support is somewhat of a rare thing. Many people believe it is assumed, but nearly one out of six divorce cases even consider it as an option. In the past the wife was almost always the recipient, but the courts no longer view gender as a consideration. In most states marital conduct is also not a consideration. It is purely a decision made due to the economic consequences of each spouse. If an agreement between spouses is reached, the court will give it significant consideration.

Here are some of the general factors considered:

  • ability and time for each spouse to gain employment
  • employability of each spouse
  • future earning capabilities of each spouse
  • who will have custody of the child (will the custodial parent be required to work)
  • length of marriage
  • ability for one spouse to pay the other
  • tax consequences of each spouse
  • age of each spouse
  • length of time support will be needed