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Spousal Support: should it be awarded in your case?
Spousal support is generally a highly contested issue. There are some cases where spousal support is necessary and appropriate, and some cases where spousal support is not recommended.
Eleven factors are generally considered in determining whether spousal support should be awarded. We urge you to review the factors listed below, to determine the strengths and weaknesses of your case.
The factors are as follows:
1.) The Parties’ Past Relations and Conduct.
Considerations: Has either party been unfaithful? Is there a history of domestic violence?
2.) Length of Marriage Considerations: The longer the length of the marriage, the more likely that spousal support will be awarded.
3.) The Ability of the Parties to Work Considerations: Is either party unable to work?
4.) The Source and Amount of Property Awarded to the Parties Considerations: Can spousal support be offset by other items, such as, real property or valuable personal property assets?
5.) The Age of the Parties Considerations: If a party asking for spousal support is very young, if so, the judge may find that the party can obtain employment, and reduce the duration of spousal support.
6.) The Ability of the Parties to Pay Spousal Support Considerations: Is either party able to pay spousal support, or are they in a situation where they cannot afford their own expenses?
7.) The Present Situation of the Parties Considerations: Where are the parties living? Where are the parties working? What expenses are the parties responsible for?
8.) The Needs of the Parties Considerations: Does the party asking for spousal support need the support, or are they able to provide for their own expenses?
9.) The Health of the Parties Considerations: Does either party have health issues that would prevent current or future employment?
10.) The Prior Standard of Living of the Parties
Consideration: Are both parties used to a high standard of living, which should be maintained?
11.) General Principles of Equity Consideration: Based upon all of the circumstances, does it seem to be in the best interest of justice to award spousal support?
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