One of the issues that must commonly be addressed in divorce is that of spousal support One spouse may be entitled to long-term support if the couple has been married for longer than ten years, but there are a number of factors the court will first consider, such as:
- The length of the marriage
- Each party's age and health
- Each party's needs based on their standard of living during their marriage
- Whether the supported spouse's earning capacity is sufficient to enable them to maintain their previous standard of living
- Whether the supported spouse contributed to the supporting party's ability to obtain education, training, a license, or a career position
- The supporting spouse's ability to pay support in light of such factors as their assets, earned and unearned income, earning capacity, and standard of living
- Both parties' obligations and assets
- How each party would be affected by taxes
- Whether the supported spouse is able to secure gainful employment without unduly interfering with the wellbeing of any minor children in their custody
- Whether there is documented evidence of a history of domestic violence or a criminal conviction of abuse
- The balance of each party's hardships
- The supported spouse's ability to be self-sustaining within a reasonable time period
- Any other factors the judge determines to be fair and relevant
These factors are very important and must be adequately outlined for the court to consider. An experienced divorce lawyer can examine your situation to help you understand your possible options and provide you with strong legal advocacy before the court. Contact Claery & Hammond, LLP for your consultation on a spousal support matter today.
