It’s a scenario we’ve seen often: a spouse wants to leave an unhappy marriage but feels they must stay in it for financial security. It may be because they stayed home to raise children or worked a much lower-paying job.
After a divorce, a woman’s household income drops by about 30%, compared to 5% for men. 20% of divorced women aged 65 or older live in poverty. The purpose of spousal maintenance is to bridge the financial gap and bring the woman close to the lifestyle she had while married. While there is no guarantee that a judge will award spousal maintenance or the amount and duration, here are some factors that impact their decision:
How long the couple was married
The judge is more likely to award spousal maintenance when the couple has been married for a significant time. In longer marriages, there is more likely to be a high degree of financial interdependence.
Contributions to the marriage
Marital contributions go far beyond monetary ones. Non-monetary contributions are also considered, such as one spouse giving up a career to support the other spouse or being a primary caregiver for the children.
Each spouse’s earning capacity
One spouse may have prioritized family responsibilities at a cost to their education, job skills or training. They would face many challenges trying to enter the workforce and earn a decent wage. Sometimes, the court may award temporary spousal maintenance to give the spouse time to gain the training and skills required to get back on their feet. However, the court may lean towards permanent spousal support if age and health affect the spouse’s earning capacity.
There is no one-size-fits-all when determining spousal support. If you are considering divorce but worry about your financial security, you need to work with someone who can help you review your options and help ensure you receive the support you need and deserve.