How spousal support is determined during divorce

On behalf of Stange Law Firm, PC posted in support on Thursday, August 22, 2019.

Spousal support is an important part of many divorces, making it valuable for divorcing couples in Saint Louis County to understand how spousal support is determined so they can know what to expect from the process. The family law court has significant discretion when awarding spousal support so it is beneficial to be aware of how a request for spousal support will be evaluated.

A request for spousal support may be made in instances, for example, when one spouse has remained at home to care for the family and has not been a part of the workforce. Spousal support, sometimes referred to as spousal maintenance, may be awarded by the family law court for different periods of time. Either spouse can request spousal maintenance and the spouse from whom spousal support is sought may oppose the request.

When evaluating a request for spousal maintenance, the family law court will consider factors including the need of the recipient spouse weighed against the other spouse’s ability to pay spousal support; the earning capacity of each of the spouses; the length of the marriage; the age and health of the spouse seeking spousal support; the impact of the request on any minor children; and the conduct of the parties during the marriage.

Spousal support can be a significant issue in any divorce which is why it is best to understand how it is calculated and awarded which can vary by state. Trained guidance can also be useful to help divorcing couples navigate the issue of spousal support during their divorce.

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