How Spousal Support is Determined

Spousal support is given to prevent any unfair monetary effects on either spouse as a result of divorce. There are many determinants that go into deciding if spousal support will be awarded. To receive support, a spouse must make a case that they are a dependent and are reliant on the income of their former spouse to meet their cost of living. The spouse deemed a dependent may be the husband or the wife depending on who was the greater financial provider. States differ on how they make the decision, and since each case is unique they are evaluated separately. Most states base their spousal support laws on The Uniform Marriage and Divorce Act which recommends the consideration of factors such as the following:

• The income of the spouse that will be paying spousal support
• The standard of living during marriage
• The length of the marriage
• How long the spouse receiving support will need it
• The age, emotional, physical and financial conditions of the spouses

These determinants are all taken into account to choose whether or not alimony will be paid, as well as how much, and for how long. The judge can decide if the spousal support will be given for a period of time or if the support will be permanent. Permanent support is typically awarded when one spouse has a significantly greater means of income than the other. Temporary support is awarded when the spouse needs assistance until they are able to provide for themselves. A judge may also choose to consider how well the lower or non-wage spouse contributed domestically. Sometimes who was at fault for the divorce can play a role in the determination process, such as if one spouse committed adultery or was abusive. Most states however do not consider it when making a decision and use the no-fault approach.

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