Spousal Support Information

Your divorce may include an order to pay spousal or partner support, (alimony).  You may be able to negotiate your own spousal support agreement, however, if you cannot, the family court may make a spousal support determination, taking into consideration several factors including:

  • Earning capacity:
This includes the earning capacity of the supported spouse or partner, the earning capacity and ability to pay of
the supporting spouse or partner, the goal in any case is to move toward both parties becoming self-supporting,
and the marital standard of living and contributions the supported spouse or partner may have made to the
education and training of the supporting spouse or partner.

  • Obligations, assets and taxes:
debts the couple has, separate property and the effect of support on tax obligations.

  • Age, health and length of marriage:
A long-term marriage or domestic partnership (over 10 years) may result in a need for long-term financial support
following the date of divorce. The court may consider the age and health issues which may prevent a spouse or
partner from being self-supporting.

  • Domestic violence:
The court may consider a history of domestic violence, which may affect the need and obligation for alimony.

  • Interests of the children:
The court may consider the best interest of the children for one spouse or partner to remain at home to care for
the children.

This page was last updated: June 18, 2011
For an experienced family law attorney who can guide you to practical and effective results,
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