Does the court follow any general guidelines in making spousal support awards?
Some magistrates and judges use a general rule of thumb that allows one years worth of spousal support for every three or every five years of the marriages length. It is not uncommon for the court to include, in the spousal support award, provisions stating that the spousal support will stop if the former spouse remarries or cohabits with another person. There is no general rule used when determining the amount of spousal support that should be awarded. The award amount is determined on a case-by-case basis and largely depends upon each partys wages, the discrepancy between the wage amounts, and each persons monthly necessary expenses. Other factors also are considered, including the education, earning capacity and health of each spouse.
