This is a complicated question. The person who decides if you get spousal support is the judge. Unless your spouse agrees to pay you spousal support, you will need to file a lawsuit and ask the judge to award you spousal support.

The obligation of spouses to support each other does not necessarily terminate when they divorce. If the divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse's support, the court will usually award alimony, at least temporarily. Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case.

The award of alimony, also called “spousal support,” is determined in the court’s discretion taking into account certain specifically enumerated factors set forth in Chapter 61, Florida Statutes.

If the parties cannot agree, the Court will utilize the Virginia Support Guidelines for child support and the applicable County guidelines for alimony [spousal support]. However there could be a substantial variation based on "other factors" the Court may be asked to consider by either party.

Spousal support can be determined by the parties through a settlement agreement, or a judge can determine the amount of spousal support to be paid, if any, if a case goes to trial.

Spousal support may be barred by proof of adultery on the part of the person seeking spousal support; however, spousal support is no longer barred by desertion or cruelty.

The factors taken into consideration by the Court when deciding whether to award spousal support and the amount of such award include: The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; The education and training of the parties and the ability and opportunity of the parties to secure such education and training; Such other factors, including the tax conseque.

Spousal support, whether ordered by the court or agreed to by the parties, can be paid in periodic (i.e., bi-weekly or monthly) payments for a set duration, such as four years; periodic payments for an unspecified duration; in the form of a lump sum award; or any combination of the above. Court ordered spousal support terminates automatically upon the death of either spouse or the remarriage of the spouse receiving support.

If spousal support is set by agreement of the parties in a Property Settlement Agreement (instead of a Judge), unless there is a provision allowing for later modification, the amount of spousal support can never be modified. If a Judge sets a spousal support award, either side may later petition for an increase/decrease upon a showing of substantially changed circumstances.

The amount and duration that you have to pay spousal support varies widely but it is based on such factors as the length of the marriage, the needs of each party and the means of each party and whether anyone was prejudiced in some way by the marriage or the marriage breakdown. A good starting point is to add up the net family income and then divide it 50/50. The party with more income may ending up paying the party with less income to help lessen the difference between them.

Alimony, or spousal support, should be filed for before a divorce is granted. Failure to bring an alimony claim before entry of a divorce judgment will bar the spouse right to bring a claim for alimony after.

Yes, Spousal Support payments are taxable. Spousal Support payments are deductible for the paying spouse and are considered income for the receiving spouse, even if one or both of the spouses are married.

You may appear in, write to, or fax Domestic Relations a copy of your divorce decree and your obligation for spousal support will be removed from the order.

Yes. Although non-payment of child support has received more attention from the courts and media, the procedures for collecting past-due alimony—and the hardships caused by non-payment—are very similar. We also collect other Family Law related debts such as Property Divisions and Attorney Fee Orders. Divorce judgments usually require child support to be paid as long as the child is a minor and not married or emancipated.

Chances are if you make significantly more money than your spouse, you will have to pay spousal support. The general rule is that you will be expected to pay for one-half the number of years you were married, unless your spouse becomes self-sufficient, moves in with someone or remarries.

Depending upon the stage of the proceedings (e.g., whether the request is for temporary orders or permanent orders), each court utilizes a variety of factors. The judge will attempt to weigh all the factors specified by statute and appellate case law, and endeavor to make an order which will achieve "a just and reasonable result in each case". Some judges may compute 40% of the payor's net income less 50% of the payee's net income where only spousal support is an issue.

In New Jersey, spousal support is not something that can be "calculated." There is no worksheet similar to the Child Support Guidelines. And, every divorce does not involve spousal support. First, there has to be a need for support, and, second, there has to be a request for support. Some people who need help just don't want any help - they want to make it on their own. And, if spousal support is provided, it might not be paid forever. There are many kinds of support.

In New Jersey, there is not a single way of computing spousal support. There is no worksheet similar to the Child Support Guidelines. And, every divorce does not involve spousal support. First, you must show a need or reason for support, and, second, you must request the support. Some people who need help just don't want any help - they want to make it on their own. And, if spousal support is provided, it might not be paid forever. There are many kinds of support.

There is no precise statutory guidance for spousal support as there is for child support. The court considers the relative earning capacity of each spouse, the possibility of education or training to increase the earning capacity of a spouse, whether a spouse has been out of the work force for a long time, and other factors.