- You don’t have sufficient property to provide for reasonable needs
- You aren’t self-sufficient through employment OR you have child custody under circumstances that keep you from employment
- You contributed to the other person’s education, training or career
- Your long marriage places you at an age where employment for self-sufficiency isn’t realistic
- You significantly reduced your income or career opportunities for the benefit of your spouse
When pursuing a spousal support agreement, remember: there is no formula, no minimum duration or amount.
A word about the 2018 Federal Tax Code Changes & Spousal Maintenance Agreements
If you signed a divorce settlement after January 1, 2019 and you:
- Pay spousal support – you do not qualify for a tax deduction for paid spousal support
- Receive spousal support – you do not need to pay tax on spousal support income
However, if a Court later modifies a spousal support agreement entered into prior to January 1, 2019, the support will generally continue to be deductible by the person who pays it and included in the income of the person that receives it. Check with your tax advisor for details.