Spousal Support

Unlike child support, spousal support is more discretionary in that there is no “fixed” amount per month. The duration of support also is more discretionary. Case law in the area of spousal support varies. This makes predictions in terms of how much support a payer must pay much more difficult to make.

There are spousal support guidelines, (readily available on the internet) but these offer more of a benchmark than a fixed rule and also vary in terms of the suggested amount payable. When trying to determine what the appropriate amount of spousal support should be, some of the following factors are considered: the length of the marriage, the age and health of the parties, available employment opportunities, the effect that the marriage had on employment opportunities, the family’s standard of living during the marriage and the need for a recipient of support to stay home to take care of young children or adults with disabilities. This is not an exhaustive list. As each case is unique it is always best to consult with a family law lawyer to try to determine what the appropriate monthly support amount is.

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