Spousal Support

When a couple separates or divorces, the court may order one spouse to pay the other a certain amount of support money each month.  Generally, so long as a husband and wife or registered domestic partners are living together, they owe each other a mutual duty of support.  However, a spousal support award is not mandatory in a dissolution of marriage or legal separation and is within the courts discretion to either grant or deny spousal support all together.  The court will take many things into consideration, specifically they are bound to consider 14 statutory factors contained in the Family Code.  Such factors include:

   (1) The extent to which the earning capacity of each party is sufficient to maintain the standard of living established during the marriage.
 
   (2) The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
 
   (3) The ability of the supporting party to pay spousal support.
 
   (4) The needs of each party based on the standard of living established during the marriage.
 
   (5) The obligations and assets, including the separate property, of each party.
 
   (6) The duration of the marriage.
 
   (7) The age and health of the parties.
 
   (8) The balance of the hardships to each party.
 
   (9) Any other factors the court determines are just and equitable.

Either spouse may later ask the judge to change the support contribution if their situation changes.