How is Spousal Support Awarded?

First, the court determines whether alimony or spousal support is appropriate for parties by looking at the following factors:

  1. Income and Property
  2. Needs
  3. Present and Future Earning Capacity
  4. Impairment of Earning Capacity
  5. Time Necessary to Acquire Education, Training, or Employment
  6. Standard of Living During the Marriage
  7. Duration of the Marriage
  8. Age, Health, Skills, and Liabilities
  9. Retirement, Social Security, and Disability
  10. Tax consequences of Dividing Property
  11. Spousal Contributions
  12. Agreements Between the Parties

Second, amount is determined by multiplying the payor’s gross income by 30 percent and subtracting 20 percent of the payee’s gross income.The resulting number cannot be higher than 40 percent of the incomes of both parties combined.

Third, the duration of the marriage is considered. The duration of the marriage is the date of the marriage till the date the petition for dissolution of marriage is filed. For marriages of 20 years and more than 20 years, the court may order either permanent maintenance or maintenance equal to the length of the marriage. For more information, contact my firm.

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