The length of marriage is a critical factor the Court uses to determine how long spousal support will continue. In short term marriages of less than 10 years, spousal support typically lasts one-half the length of the marriage. In a marriage of long duration of over 10 years, the Court may order that spousal support continue until the death of either party, the remarriage of the supported spouse, or further order of the Court.
However, there are several other factors the Court will consider in making orders for spousal support, such as the earning ability of the supported spouse, the standard of living during marriage, and the needs of the supported party. All these factors need to be presented when spousal support is at issue.
Furthermore, an order for spousal support with no termination date, does not necessarily mean that the order cannot be modified in the future if there is a substantial change in the circumstances of the parties. Circumstances such as retirement, disability, loss of employment, or a significant increase in the income of the supported spouse could all warrant a modification of spousal support.
If spousal support is an issue in your case, please contact the McKinnon Law Firm for a free 30 minute consultation to discuss the particular circumstances related to your case.