The Legal Issues 139
the divorcing spouses must agree (or else the court will decide)
whether spousal support should be paid, who will pay it, how
much it will be, and how long it will last. But the court does not
order spousal support in every case. In fact, nowadays alimony
is not a part of the majority of divorce settlements.
Often the length of the marriage will be a key factor in deter-
mining spousal support. If it was a relatively long marriage, or if
one spouse is older and has never worked outside the home, the
court may decide that his or her chances of finding a decent job
are limited. This spouse might receive spousal support for life or
until they remarry. Suppose one spouse is young but has never
worked outside the home. The court may say this spouse should
receive spousal support for a more limited period of time—per-
haps until they either are self-supporting, complete an educa-
tional program, or receive training for a job. Now suppose both
you and your spouse have decent jobs. In this case, the court may
well say that neither of you is entitled to spousal support.
So who gets alimony anyway? Here is a short list of factors to be
considered with regard to alimony: (1) each party’s earning capac-
ity; (2) the parties’ respective ages and physical and mental health;
(3) the standard of living during the marriage; (4) the work expe-
rience, vocational skills, and educational levels of the dependent
spouse; (5) the earning capacity and the ability of the payor spouse
to make alimony payments; (6) the length of the marriage; and
(7) the needs of both parties.
The court will consider the situation of both spouses in terms
of separate and marital property, debts, age, health, and standard
of living. It also will consider any special needs each has, whether
one has custody of minor children, the amount of money each
spouse can be expected to earn, and the length of time it will take
an unemployed spouse to train for a job and to find one.
Once spousal support has been ordered, either spouse may go
back to court and ask the judge to increase or lower the amount—
if there is good reason. This is why I always warn my payor cli-
ents that allowing the insertion of an alimony provision in a
divorce decree is a bit like leaving the lid ajar on Pandora’s box.
It is important to remember that federal and state income taxes
must be paid by the recipient on any spousal support payments