Spousal Support - aka - Alimony

Unlike with child support, there is no spousal support formula that determines whether or not an award of spousal will be awarded. Spousal support is decided on a case-by-case basis.

There are several different reasons why a party may be entitled to spousal support. Sometimes spousal support is awarded to make sure that both parties are taken care of after a divorce. Sometimes it is awarded if one party will be financially worse off after a divorce and the other party's income would allow for them to contribute to make up the difference.

When determining if an award of spousal support would be proper, a judge sitting in a family court will consider several factors.

• The length of the marriage

• Each party's behavior during the marriage

• The age of the parties

• Each party's ability to earn income

• Whether a party has the means to pay spousal support

• The health of each party

• The needs of each party

• Whether either party has people to support

• What each party has contributed to the marital estate

• Fairness

This is not meant to be an all inclusive list as each case is unique, but the items listed above are important considerations to keep in mind.

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