New York, NY family law attorney Lisa Zeiderman talks about the factors the court considers when determining spousal support. The court considers several factors when determining spousal support, including the age and health of the parties, the duration of the marriage, and the lifestyle of each party. Lifestyle is a complex factor; while it is significant, it does not imply that one spouse must sustain the other’s standard of living exactly as it was during the marriage. Individuals seeking spousal support often believe their spouse should be able to match their previous lifestyle dollar for dollar. However, this may not be feasible after separation, as two households now exist, along with additional expenses.

The income of both parties and their ability to work are also critical considerations. The court may investigate whether domestic violence affected one party’s ability to work, as this can influence the case’s outcome.

Another crucial aspect in determining maintenance, alimony, or spousal support is the equitable distribution awarded to each party. For instance, if one party receives millions of dollars in equitable distribution, that amount could generate significant income, affecting the calculations for imputed income in spousal support.

For example, if a party is awarded between $5 million and $10 million in equitable distribution, they might expect to earn an annual income of $250,000 to $500,000, typically classified as investment income. It is important to note that spousal support is not taxable and is not tax-deductible at the federal level. Therefore, the court must factor in this income when calculating support obligations, along with any other relevant factors.