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Although there are some guidelines used to determine the amount of spousal support to be awarded and the duration of time for which spousal support will be awarded, the laws vary by state in regard to spousal support. Spousal support is still a rather common process but it is important to note most states do not have a mandatory spousal support law. This article will provide a brief outline of spousal support law in a number of different states.
Spousal Support Law by State
Alaska – marital fault is not considered in determining spousal support. Spousal support may be awarded on a temporary or permanent basis and factors such as the duration of the marriage and the previous standard of living are considered in determining the amount of spousal support.
Arizona – marital fault cannot be considered. Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support.
Arkansas - Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support.
California – the California Family Code is used to determine spousal support. Factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support. When the marriage lasts for less than ten years the duration of the spousal support is typically equal to half of the length of the marriage.
Colorado – spousal support is provided as a maintenance measure when the recipient is unable to provide for himself financially. Factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support.
Delaware - Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support. However, one special provision dictates the duration of the spousal support may not exceed half the length of the marriage.
Idaho - spousal support is provided as a maintenance measure when the recipient is unable to provide for himself financially. Factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support.
Illinois - marital fault cannot be considered. Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support.
Indiana – spousal support may only be awarded for up to three years unless the recipient is physically or mentally incapacitated. In the event that the recipient is physically or mentally incapacitated spousal support may be awarded indefinitely.
Kansas - Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support. However, one special provision dictates the duration of the spousal support may not exceed 121 months.
Kentucky - Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support. Special provisions in this state dictate spousal support can only be awarded when the recipient is unable to provide for himself financially. Another notable exception is marital fault cannot be considered in determining if spousal support will be awarded but it can be used to determine the payment amount.
Louisiana - Spousal support can be awarded to either spouse and factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support. Special provisions in this state dictate spousal support can only be awarded to the spouse found not to be at fault. Also, the amount of spousal support cannot exceed 1/3 of the net income.
Montana - spousal support is provided as a maintenance measure when the recipient is unable to provide for himself financially. Factors such as the length of the marriage and the previous standard of living are considered in determining the amount of spousal support.
North Carolina – in addition to the length of the marriage and the previous standard of living, other factors such as marital misconduct are also considered in determining spousal support.
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