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Q. Will I be
entitled to spousal support?
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Not necessarily. Spousal support is discretionary. During
marriage the law imposes an obligation between spouses of
fidelity, mutual respect, and support. Based on the length of
marriage and the earnings and needs of the parties, the court
may award spousal support to a spouse in need.
Until there are final orders from the court, the court may award
temporary support to a spouse. The purpose of the temporary
support is to help the spouse in need maintain status quo until
the dissolution of marriage is entered or until an agreement is
otherwise reached between the parties. At the conclusion of your
case, the court may award support for a specific duration of
time. Unless you and your spouse come to an agreement, the court
may order you receive spousal support for one half of the time
you were married to your spouse.
Whether or not a party will be awarded further spousal support
depends upon several facts, including but not limited to:
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1.
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The need of each party based on the standard of living
established during marriage;
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2.
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The duration of the marriage;
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3.
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The obligations and assets including separate property of
each;
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4.
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The ability to pay of the supporting spouse, taking into
account the supporting spouse's earning capacity, earned and
unearned income, assets, and standard of living;
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5.
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And the extent to which the earning capacity of each spouse
is sufficient to maintain the standard of living established
during the marriage, taking into account the following:
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a.
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The marketable skills of the supported spouse; the job market
for those skills; the time and expenses required for the
supported spouse to acquire the appropriate education or
training to develop those skills; and the possible need for
retraining or education to acquire more marketable skills or
employment;
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b.
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And the extent to which the supported spouse's present or
future earning capacity is impaired by periods of unemployment
that were incurred during the marriage to permit the supported
spouse to devote time to domestic duties;
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6.
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The extent to which the supported spouse contributed to the
attainment of an education, training, career position, or a
license by the other spouse;
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7.
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The ability of the supported spouse to engage in gainful
employment without interfering with the interests of dependent
children in the custody of the spouse;
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8.
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The age and/or death of the parties;
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9.
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The immediate and specific tax consequences to each party;
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10.
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And and other factors which the court deems just and
equitable.
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As a general rule, spousal support is tax deductible by the
spouse paying support, and the supported spouse must pay income
tax on any amounts received. The amount of spousal support may
be changed, or modified when there is a showing of change in
circumstances by either party.
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