One of the many questions in any divorce is the determination of spousal support. This question is particularly complicated in same–sex divorces, as there are no specific laws or precedents to rely on. Here we’ll look at some of the factors that a judge may consider when awarding spousal support in a same–sex divorce.
1. The length of the marriage: The longer the marriage, the more likely it is that support will be awarded.
2. The financial situation of each spouse: A judge will look at the financial resources of each spouse, taking into account the income, assets, and debts of each party.
3. The standard of living during the marriage: The court will consider the standard of living enjoyed by each party during the marriage. This includes the lifestyle they had, the amount of money they spent, and the amount of money they saved.
4. The age and health of each spouse: The court may take into account the age and health of each spouse when making a decision.
5. The ability of each spouse to support themselves financially: The court will consider whether each spouse has the capacity to support themselves financially.
6. The contribution of each spouse to the marriage: The court may also consider the contribution of each spouse to the marriage. This could include contributions to the family such as earning an income, caring for children, or managing the household.
7. The future earning capacity of each spouse: The court may also consider the future earning capacity of each spouse. This could include the potential for career advancement, education, or other investments.
8. The financial needs of each spouse: The court may also consider the financial needs of each spouse. This could include the cost of living, medical expenses, and other financial obligations.
9. The tax implications of any spousal support award: The court will consider the tax implications of any spousal support award. This could include whether the support is taxable, deductible, or both.
These are just some of the factors that a court might consider when deciding on spousal support in a same–sex divorce. Ultimately, the decision will be up to the judge and will depend on the specific circumstances of the case.
