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What Is Considered when Deciding upon Spousal Support?

April 13, 2021

When a couple decides to get divorced, one of the questions that frequently arises is whether there will be an award of spousal support for either party. Keep in mind that spousal support isn’t always even necessary. If each party can financially support themselves, it may not even come into play in the divorce. However, if it does, it is important to be aware that there are a lot of factors that will be considered.

The court will take a look at each spouse’s financial documents and statement of net worth to decide whether they will be able to individually support themselves. If one spouse actually needs financial support because, for example, they did not work at all over the last several years, the court may grant them spousal support. They will also consider whether the spouse who would have to make these payments can actually afford to make them. They will look at the employability and earning capacity of each spouse, what parental responsibilities each spouse has, the higher education levels of each spouse, and the financial contributions each spouse put into the marriage. The court will also assess the duration of the marriage and the age of the spouses. If the marriage lasted 40 years and the spouses are close to retirement age with one spouse having never worked, they will likely grant that spouse support.

If you have questions about spousal support, contact our firm today.

Juan C. Velasco, Esq. is a trusted attorney who concentrates on bankruptcy, family law, real estate, and estate matters who has been serving the New Jersey area for over 25 years. If you are in need of experienced legal counsel, please contact Velasco Law Office and we will be happy to assist you.