Understanding Spousal Support

In the United States, it is the judge’s role to decide how marital assets should be divided and whether spousal support (alimony) should be awarded. By closely examining each spouse’s income, assets, and circumstances, the judge can determine whether support is necessary, how much should be paid, and for how long.

Guidelines vs. Judicial Discretion

Many states have advisory formulas or guidelines to calculate spousal support. Judges retain broad discretion to award or deny support, as well as to set the amount and duration.

This discretion is where financial preparation matters. A Certified Divorce Financial Analyst (CDFA®) professional can provide the financial clarity needed to present realistic, well-supported positions to the court, or to guide negotiations outside of court.

Key Factors to Consider

Financial Need

The first question is: Does the spouse requesting support have enough money to live on?

Here, a lifestyle analysis is critical. A CDFA® professional examines spending patterns through tax returns, bank accounts, and credit card records to establish what the couple’s lifestyle actually cost.

  • For the dependent spouse: This analysis helps demonstrate the income needed to maintain a reasonable lifestyle.
  • For the supporting spouse: It can reveal overstated needs or show that the requested amount is not sustainable.

Ability to Pay

The evaluation also includes whether the payor can afford support while maintaining their own standard of living. This includes adding back discretionary savings like retirement contributions or stock purchases when calculating income available for support.

A CDFA® professional can model different scenarios, projecting how much support the payor can realistically provide without jeopardizing long-term financial health. These models often reduce conflict by grounding discussions in objective numbers rather than assumptions.

Length of Marriage

Longer marriages often lead to longer or even permanent support, while short marriages may result in little or no spousal support. A CDFA® practitioner can show how the length of support impacts retirement planning, cash flow, and financial independence for both spouses.

Standard of Living

Courts look at the couple’s established lifestyle during the marriage. For example, if one spouse earned a high income, it may be unreasonable to expect the other to suddenly live far below that standard after divorce.

A CDFA® practitioner’s lifestyle analysis quantifies this standard of living. It identifies what expenses are reasonable and sustainable, which helps both parties understand the likely range of support. Judges, mediators, and attorneys often rely on this data-driven analysis in determining fairness.

Age and Health of Both Spouses

If one spouse is older, disabled, or out of the workforce for many years, the likelihood of longer-term support increases. A CDFA® professional can project how health-related expenses or limited earning potential will affect both spouses’ long-term finances.

Duration of Spousal Support

Support may be temporary, rehabilitative (time-limited to allow education or training), or permanent in long-term marriages. Some states follow “rules of thumb,” such as awarding support for half the length of the marriage, but judges have flexibility.

A CDFA® practitioner can compare the financial impact of different duration scenarios — for example, showing whether five years of support allows a dependent spouse to retrain and reenter the workforce, or whether longer support is needed to ensure stability.

“No-Fault” Divorce and Fault Considerations

The U.S. follows a no-fault divorce system, meaning either spouse can file without proving wrongdoing. However, some states allow misconduct (such as domestic violence or financial abuse) to influence spousal support, while others prohibit considering fault.

A CDFA® professional’s role here is not to weigh in on fault, but to document the financial effects of misconduct (for instance, if one spouse dissipated assets).

Tax Treatment (Important Update)

  • For divorce or separation agreements finalized on or after January 1, 2019, spousal support is no longer tax-deductible for the payor, nor taxable to the recipient.
  • Agreements executed before 2019 may still follow the old rules if not modified after that date.

A CDFA® practitioner helps spouses understand the after-tax reality of support arrangements — which can be very different from pre-2019 agreements.

Same-Sex and Common-Law Marriages

  • Same-sex spouses have the same rights to spousal support as opposite-sex couples nationwide, following the 2015 Supreme Court ruling in Obergefell v. Hodges.
  • Common-law marriages are recognized in about eight states and the District of Columbia. In those jurisdictions, common-law spouses may be treated like legally married spouses for purposes of spousal support.

Negotiating Support Outside of Court

Not every spousal support decision needs to be left to a judge. Couples can often negotiate support terms directly, through mediation, or in a collaborative divorce process.

In these settings, a CDFA® practitioner plays a vital role by:

  • Preparing detailed budgets for each spouse.
  • Conducting a lifestyle analysis to establish historical spending and future needs.
  • Modeling multiple “what-if” scenarios so both sides can see the long-term effects of different settlement options.
  • Providing neutral, fact-based numbers that can defuse conflict and guide fair compromise.

This financial clarity helps both dependent spouses, who want reassurance that they will be financially secure, and supporting spouses, who need assurance that they can meet their obligations without sacrificing their own stability.

Summary:

  • Factors are need, ability to pay, length of marriage, standard of living, age, health, and roles within the marriage.
  • Since 2019, spousal support is not deductible or taxable.
  • Same-sex spouses have equal rights; common-law spouses may qualify in certain states.
  • Couples can negotiate or mediate their own terms, with a CDFA® professional providing objective financial analysis.
  • Lifestyle analysis is often the key tool to determine fair and realistic spousal support for both parties.
  • It is important to consult with an attorney in your jurisdiction to determine your legal rights.