What Factors Influence Spousal Support in Divorce?

Question from Laura, What Factors Influence Spousal Support in Divorce?

Answer from AI:

When a couple divorces after a long marriage, such as 23 years, and there is a significant disparity in their earning capacities and health conditions, spousal support (also known as alimony) is often a key consideration. In the United States, spousal support is determined based on several factors, and the specifics can vary by state. Here’s a general overview of what might influence a spousal support order in this scenario:

Key Factors in Determining Spousal Support

Courts typically consider the following factors when determining spousal support:

• Length of the Marriage: A marriage lasting over 20 years is generally considered long-term, which can influence the duration and amount of support.
• Income and Earning Capacity: The husband’s salary of $135,000 plus bonuses compared to the wife’s sporadic work history and recent earnings of $11/hour will likely be a significant factor.
• Health Conditions: Both parties have health issues, with the husband having diabetes and high blood pressure, and the wife having chronic fatigue syndrome and recent spine surgeries. These conditions can affect their ability to work and may be considered by the court.
• Standard of Living: The standard of living established during the marriage is often considered, with the aim of allowing both parties to maintain a similar lifestyle post-divorce.
• Contributions to the Marriage: Non-economic contributions, such as homemaking and supporting the spouse’s career, are also considered.

Types of Spousal Support

There are different types of spousal support that might be awarded:

1. Temporary Support: This is awarded during the divorce process to help the lower-earning spouse maintain stability.
2. Rehabilitative Support: This type of support is intended to help the recipient become self-sufficient, often through education or job training.
3. Permanent Support: In long-term marriages, permanent support may be awarded, especially if the recipient is unlikely to become self-sufficient due to age or health issues.

Legal Guidelines and Resources

Each state has its own guidelines and formulas for calculating spousal support. For example, California uses a formula for temporary support but considers various factors for permanent support. It’s important to consult the specific laws in your state.

– For more detailed information, you can refer to resources like the [American Bar Association](https://www.americanbar.org/groups/family_law/) or your state’s family law statutes.

When to Seek Legal Advice

Given the complexities involved in determining spousal support, especially with health issues and a long marriage, it is advisable to consult with a legal professional. An attorney can provide personalized advice based on the specific circumstances and state laws.

If you are navigating a divorce and need assistance, consider reaching out to a family law attorney who can help you understand your rights and options. They can also assist in negotiating a fair spousal support agreement or representing you in court if necessary.