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Spousal
Support
Spousal support, also called alimony, is an order of a court for the
support of one spouse by the other spouse. State law, which varies
by state, governs the award of alimony to a spouse. On application
of either party for spousal support, the court may decree an
increase or decrease only upon a showing of a substantial and
material change of circumstances. Alimony may terminate upon the
death of either spouse, the marriage of the spouse receiving alimony
or, if the Court finds that alimony should terminate in order to
avoid a harsh and inequitable result.The Court may award permanent
or temporary alimony or both to either party, and in so doing may
consider, but not be limited to, the following factors:
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The
actual need;
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Ability to pay;
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The
duration of the marriage;
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The
age of the parties;
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The
physical health of the parties;
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The
emotional health of the parties;
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The
standard of living established in the marriage
and the likelihood that each party can maintain
a reasonably comparable standard of living;
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The
earning capacities of the parties;
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The
educational levels of the parties;
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The
vocational skills of the parties;
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The
employability of the parties;
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The
length of absence from the job market;
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The
custodial responsibilities for children of the
party seeking alimony;
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The
time and expense necessary to acquire sufficient
education or training to enable the party
seeking alimony to find appropriate employment,
and the availability of the training and
employment.
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The
opportunity for future acquisitions of capital
assets and income;
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