Divorce & Spousal Support

Who Can Get Spousal Support?

Spousal support is available only if the parties are legally married. It will be ordered where one party has a greater income compared to the other party. Where each party has the same or similar income, the Court will not order spousal support. However, where one parent works and the other parent is a stay at home parent, spousal support will be an issue.

How Much Will I Owe in Spousal Support?

The amount will be calculated based on the incomes of the parties according to a formula that approximates 40% of the higher income earner’s income minus 50% of the lower income earner’s income. So, for example, if Husband earned $10,000 per month and Wife earned $5,000 per month it would be expected to see spousal support calculated in the $1,000 – $1,500 range if there was no child support. ($4,000-$2,500.) However, where there is child support, the child support is calculated first and the money that remains is then used to calculate spousal support. Thus, where child support is ordered, a spousal support order will be reduced based on the reduction of income after child support is removed.

Finally, the Court has discretion as to the amount of spousal support it will order based on numerous other factors. (F.C. §4320.)