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How is spousal support determined during divorce?

On Behalf of | Oct 12, 2021 | Spousal Support |

Spousal support is an important issue that comes up during many divorces. Divorcing spouses can benefit from understanding how spousal support is determined when it is at issue during their divorce.

Factors used to determine spousal support during divorce

There are several decisions to be made around a spousal support request. The family law court has to decide if an award of spousal support will be made, how much will be awarded, the type of award that will be made and the duration of the spousal support award. To make these complex decisions, the family law court evaluates factors including:

  • The income and financial needs of the spouses;
  • The ages and mental and physical conditions of the spouses;
  • The income and earning capacities of the spouses;
  • The obligations, needs and financial resources of the spouses;
  • The standard of living established and enjoyed during the marriage;
  • The duration of the marriage;
  • The contributions of one of the spouses to the education, training or increase earning capacity of the other spouse;
  • The extent to which the age, condition or special circumstances of a child of the spouses would make it appropriate for one of the spouses to remain in the home;
  • The time and costs involved for one of the spouses to acquire the education, training skills and employment needed to enhance their earning ability;
  • The decisions made by the spouses during the marriage that may impact the future earning potential of the spouses and if one has been absent from the job market;
  • The property interests of the spouses and the tax consequences of spousal support;

There is a lot to consider when spousal support has been requested. For that reason, divorcing couples should be familiar with what is taken into account when spousal support is awarded.


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