Spousal support was originally imagined as payments from a husband to a wife who did not work. However, that's not the case anymore. No state requires spousal support payments based on gender alone. Generally, the court will determine support payments based on an income disparity -- one spouse making much more money than the other. Support is especially likely to be granted if one spouse has been a homemaker for many years. However, that's not the end of the story. Some states have a specific formula that judges must use to determine payments; others leave it up to the discretion of a judge. Courts may take into account both spouses':
- Incomes.
- Expenses.
- Employment prospects.
- Financial needs (including needs of any children living with them full-time).
- Post-marital property and debts.
- Lifestyles.
- Contributions to the marriage and to the other person's earning capacity.
- Ages and health.
- The length of the marriage.
Some states may also take into account any misbehavior during the marriage by either spouse, such as unfaithfulness or domestic abuse. |
