Does the Judge decide the amount of spousal support?

There are state statutes that generally leave the amount of the alimony award up to the judge’s discretion, but that doesn’t mean the judge is free to award just any amount. There are always certain factors, such as the payor’s ability to pay and the recipient’s need, which will limit the judge’s discretion. Also keep in mind that if you and your ex-spouse can agree on a spousal support arrangement yourselves, the judge will most likely grant you your wishes. Spousal support is decided on a case-by-case basis.