Legal Counsel You Can Count On

How courts determine spousal support in a gray divorce

On Behalf of | Aug 26, 2022 | Divorce

If you are over fifty and did not work during your marriage, you may wonder how to support yourself in a divorce. You can get spousal support under certain circumstances.

Not only do you qualify for Social Security based on your ex-spouse’s work history but a court may also award you spousal benefits. If you have never had a career, the court may award you benefits until you can support yourself.

Factors that determine whether you get spousal support

If you have been in a marriage for many years, courts may award you spousal support. To determine how much, courts look at many factors, including the following:

  • What the spouse requesting support needs
  • If the other spouse is able to pay spousal support
  • The reason the couple separated and how each has acted toward the other

While being in a long marriage is no guarantee of spousal support, the court will look at the length of your marriage when making a determination. Courts will award alimony to men as well as women.

How courts determine an amount

There is no formula for determining spousal support, but courts will look at your standard of living during your marriage. They will also consider your earning capacity and your level of education.

If a court awards you with spousal support, you may get a lump sum or monthly payments for an indefinite amount of time. You may get payments until you complete your education and are able to support yourself. The court could also modify your alimony if circumstances later change.