The primary purpose of spousal support is to balance the parties' incomes and needs so that neither party will be impoverished, and spousal support must be based on what is just and reasonable considering the circumstances of the case.
A court should consider all relevant factors in determining an appropriate award of spousal support, including:
(1) the past relations and conduct of the parties;
(2) the length of the marriage;
(3) the abilities of the parties to work;
(4) the source and the amount of property awarded to the parties;
(5) the parties' ages;
(6) the abilities of the parties to pay support;
(7) the present situation of the parties;
(8) the needs of the parties;
(9) the parties' health;
(10) the parties' prior standard of living and whether either is responsible for the support of others;
(11) the contributions of the parties to the joint estate;
(12) a party's fault in causing the divorce;
(13) the effect of cohabitation on a party's financial status;
(14) general principles of equity.
In some cases, the consent judgment of divorce can contain a provision that alimony is reserved as to Plaintiff/Defendant or forever barred as to Plaintiff/Defendant. These provisions usually terminate upon remarriage or death. However, Plaintiff/Defendant is not usually permitted to petition the court for the payment of alimony more than once in any given year except in a clear emergency situation.
Were you just served with divorce papers?
In order to protect your financial rights, it is important to have an experienced and understanding divorce attorney by your side at every step of the way. If the divorce process does not turn out like you thought it would, you may not have the support you deserve.
Seek the advice and guidance of an experienced family law and divorce attorney who will be by your side every step of the way.