The parties may enter into a written agreement ( or an oral agreement on the record in open court) for the support of a spouse. The agreement and support can be modified or terminated unless it is stipulated that the agreement may not be modified or terminated.
Aside from an agreement of the parties, the spousal support may be awarded by the court until the death of either party or remarriage of the requesting spouse based upon the following statutory factors:
The extent to which the
earning capacity of each party is
sufficient to maintain the standard
of living established
during the marriage. The court
may take into account the employable skills of the supported
party; the job market
2. The extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party.
3. The ability of the supporting party to pay spousal support.
4. The needs of each party based on the standard of living.
5. The obligations and assets of each party.
6. The length of the marriage.
7. The ability of the supported party to engage in gainful employment.
8. Age and health of the parties.
9. Documented evidence of any history of domestic violence.
10. The tax consequences to each party.
11. The hardships to each party.
goal to have
party to be self-supporting
within a reasonable period of time. Except in the case of a
of long duration, a reasonable period of time generally
shall be one-half
the length of the marriage.
13. The criminal conviction of an abusive spouse.
14. Other factors the court deems may be just and equitable.
In a judgment of dissolution, a party may be awarded spousal support at least for a period of time that the court determines is just and reasonable and based upon the above-stated factors.
In a proceeding for dissolution of marriage, the court may order the party seeking support to submit to an examination by a vocational training counselor. The examination shall include an assessment of the party's ability to obtain employment.
Unless agreed otherwise, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage where the marriage is of long duration. A marriage is presumed to be of long duration if the date of marriage to date of separation of the parties is 10 years or more.