Will your divorce include spousal or partner support (alimony)? Many factors are involved in the court’s decision. The family court can consider many factors in making a determination including:
Earning capacity: What is the earning capacity of the supported spouse or partner? What is the earning capacity and ability to pay of the supporting spouse or partner? The goal in any case is to move toward both parties becoming self-supporting. The court also takes into consideration the marital standard of living and contributions the supported spouse or partner may have made to the education and training of the supporting spouse or partner.
Obligations, assets and taxes: What debts does the couple have? Does one or both of the parties have separate property? What effect will support have on tax obligations?
Age, health and length of marriage: After a long-term marriage or domestic partnership (more than 10 years), there may be a need for long-term financial support following the date of divorce. Do age and health issues prevent a spouse or partner from being self-supporting?
Domestic violence: A history of domestic violence can affect the need and obligation for alimony.
Interests of the children: Is it in the best interest of the children for one spouse or partner to remain at home to care for the children?
In the end, the family court will look for a just and equitable solution to spousal or partner support. Talk to your divorce lawyer about a support agreement that would be fair to you and your spouse or partner.