What factors does the court consider for spousal support?

The main factor for spousal support is whether there is a disparity between the incomes of both spouses. If so, the lower income spouse may be eligible for spousal support. Similar to child support, the Court looks at the gross monthly income of both spouses as well as deductions from both parties’ pay (i.e. health insurance premiums, union dues, property taxes, etc.).

When making an order for spousal support before a divorce judgment (known as a “temporary order” or “pendente lite order”), the Court only has to look at limited information. However, when considering how much to award in spousal support as a final order, the Court looks at the following:

1. Marketable skills of supported party, including job market, time and expense for education and training and possible need for re-training and education;
2. Impairment of supported party’s earning capacity due to periods of unemployment to attend to domestic duties;
3. Extent supported party contributed to supporting party’s education, training, license, etc.;
4. Supporting party’s ability to pay spousal support, considering earning capacity, income, assets and standard of living;
5. Needs of each party based on standard of living during marriage;
6. Assets and debts of both, including separate property;
7. Duration of marriage;
8. Ability of supported spouse to obtain employment without interfering with kids;
9. Age and health of both spouses;
10. Domestic violence history;
11. Tax consequences;
12. Balance of hardships;
13. Goal that the supported spouse be self-supporting;
14. Criminal conviction of abusive spouse (results in reduction or elimination); and
15. Any other factors deemed just and equitable.