What factors determine spousal support?

On Behalf of | Jul 22, 2022 | Child Custody, Child Visitation, Divorce |

Going through a divorce can be a painful experience. You may not have wanted the divorce, and now you worry about how you will support yourself. Can you get spousal support? What factors do courts use to determine the amount you can get?

While spousal support is not as common as it once was, you can still get such support. You will need to prove that you cannot provide financially for yourself. You also need to show that your former spouse can afford to pay spousal support.

Determining spousal support

The court looks at several factors including the following:

  • The finances of each partner
  • How much each partner can earn
  • Each partner’s occupation
  • Whether a supported spouse can find a good-paying job
  • How long the couple has lived together
  • The couple’s standard of living when together
  • Who will raise the children

The court will also look at any prenuptial agreement. A judge may throw out the agreement if it is grossly unfair.

Paying Spousal Support

If the court awards spousal support, the paying spouse will usually pay you monthly. The payments will likely go through the Child Support Enforcement Agency. A spouse who does not pay could face contempt of court charges.

Spousal support usually continues until the supported spouse remarries. Either spouse can ask the court to review the spousal support order at a later time if circumstances change.

Spousal support is possible in Hawaii so long as you can convince the court of your need for it and your spouse’s ability to pay.