What are the limiting factors for spousal support?

Since spousal support laws are state laws, they all differ, but generally these same factors can be found throughout most states, as you can see from our sample statutes: the standard of living maintained during the marriage; the occupations of the ex-spouses during the marriage; the need of the recipient; the ability to pay of the payor; the recipient’s earning potential and assets; the recipient’s ability to acquire education and training; the age of the ex-spouses; the health of the ex-spouses; and the skills of the recipient.

Fault, as noted above and as indicated in our sample statutes, is generally not a factor in an order for spousal support. In some states, however, the judge may still consider it. Your lawyer can advise you on this.