Learn what factors a judge may consider when deciding to award spousal support in a divorce case.

Supported Spouse’s Earning Capacity
If the spouse requesting support has the ability to support themselves after the divorce, the judge may be reluctant to order permanent alimony. They may instead order transitional alimony to help the unemployed or underemployed spouse support themselves until they get a new job. In order to assess the supported spouse’s ability to support themselves the judge will look at their marketable skills, the state of the current job market for those skills, and the extent to which their contributions to the marriage (such as staying home to raise children or care for the home) affected their career.
Length of the Marriage
The law provides for spousal support to be ordered for any length of time the judge deems appropriate. Typically, judges have seen half the length of the marriage as a reasonable amount of time for support to last. One exception is for marriages lasting 10 years or more. In such cases, judges often issue spousal support orders with no end dates.
Domestic Violence
Finally, a judge must consider any history of domestic violence between the two divorcing spouses. If the supported spouse was the victim, the judge might consider their emotional distress as a reason to award support. If the supported spouse was the abuser, the judge could reduce or even deny support, especially if there was a conviction for domestic violence.
