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How does a judge decide whether to award spousal support?

In family law, the judge will consider a number of factors, including the amount of money each spouse has, their income or ability to earn, the age and physical condition of the spouse who wants the support, the standard of living during the marriage, how long the parties were married, and the ability of the other spouse to provide for his or her own needs if support is ordered.

Must I pay support if I don't have a job?

What if the judge order you to pay support and you don't have a job? The judge will take this fact into account. The judge might not order support, or the judge might order that support be reduced over a period of time to give you an opportunity to find a job. Those factors might include how long it's been since you have worked, what the labor market looks like, how long it will take for you to become qualified for employment, and whether you are the custodial parent for a child.

Misbehavior during the marriage

Normally, "fault" - for example, physical or mental cruelty - will not be taken into account in determining the amount of support that a judge will award in a divorce case. But judges in some states may consider this a relevant fact. Check with a family law attorney in your area.