Spousal support orders are usually contained in the divorce decree and include the amount, payment structure and other requirements
Most states have adopted the Uniform Marriage and Divorce Act. The Uniform Act recommends factors the state court should consider in determining the spousal support’s structure and payment requirements.
Spousal support orders are sometimes referred to as alimony and are separate and distinct from child support orders.
After the divorce decree is issued, either party can later apply to the court to modify the spousal support.
The following factors are used by most states in determining spousal support:
- The ability to maintain the standard of living established during the marriage
- The ability of the spouse seeking support to gain employment
- The extent to which that spouse’s present or future earning capacity was impaired during the marriage.
- The extent to which the supported party contributed to attaining an education, training, career position, or a license by the supporting party.
- The ability of the supporting party to pay spousal support.
- The needs of each party are based on the standard of living established during the marriage.
- The obligations and assets, including the separate property, of each party.
- The duration of the marriage.
