How is spousal support determined?

For spousal support to be determined, the party seeking support fundamentally has to prove (1) there is a need for support and (2) the other party has the ability to pay. More broadly, this proof is evaluated based on 11 factors:

  • past relations and conduct of the parties
  • the length of the marriage
  • the party’s ability to work
  • the source and amount of property awarded to parties
  • the ages of the parties
  • the ability to pay spousal support
  • the party’s present situation
  • the party’s needs
  • the party’s health
  • the prior living standard of the parties and whether the parties support others
  • general equity principles

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