New York, NY family law attorney Lisa Zeiderman talks about the factors the court considers when determining spousal support. She notes that the court considers several factors when determining spousal support, including the age and health of the parties, the length of the marriage, and their lifestyle. Lifestyle is an important consideration, but it does not guarantee that one spouse will be able to replicate the exact standard of living previously shared. While a couple may have maintained a certain lifestyle together, after separation there are two households, children’s needs, and other expenses to account for.

The court also evaluates each party’s income and earning capacity, as well as any history of domestic violence that may have impacted a spouse’s ability to work. Equitable distribution of marital assets is another key factor; significant distributions can generate substantial income that will affect the calculation of spousal support. For example, an individual receiving $5 to $10 million in marital assets may generate $250,000 to $500,000 per year in investment income, which the court will consider when determining support obligations.

It is also important to note that while investment income is taxable, spousal support itself is not taxable income to the recipient and is not deductible by the payer at the federal level. Ultimately, the court evaluates all relevant factors to reach an equitable spousal support determination.