5 Factors Courts Consider When Awarding Spousal Support
Jan. 1, 2026
Divorce can be emotionally and financially challenging, often leaving individuals uncertain about supporting themselves or maintaining the lifestyle they've grown accustomed to.
Spousal support can play a critical role in helping former spouses transition to a stable future, but understanding how courts determine these awards can be overwhelming. Spousal support decisions impact more than just finances—they affect daily living, long-term planning, and peace of mind.
At McCarter | East PLLC, we guide clients in Murfreesboro, Tennessee, as well as Woodbury, Cannon County, and the surrounding areas through these difficult moments with compassion and clarity. Reach out to us to discuss your situation and see how our experienced attorney can help protect your interests.
1. Duration of the Marriage
One of the first factors courts look at when determining spousal support is how long the marriage lasted. The length of the marriage often signals the level of financial integration between the spouses and the likelihood that one partner relied heavily on the other for support.
Short-term marriages: These are typically considered marriages lasting less than five years. Courts are less likely to award long-term spousal support, and if support is awarded, it’s usually for a shorter period to help with temporary adjustments.
Medium-term marriages: Lasting between five and fifteen years, medium-term marriages may see a more moderate support award to help the lower-earning spouse maintain stability while developing independence.
Long-term marriages: Marriages over fifteen years often result in more substantial spousal support awards, as one spouse may have devoted significant time to homemaking or career sacrifices.
The duration of the marriage helps the court assess how intertwined the finances are and what support will allow both parties to move forward fairly.
2. Income and Earning Capacity
Courts heavily consider the income and earning potential of both spouses. Spousal support is intended to bridge financial gaps, so understanding each party’s ability to earn money now and in the future is essential.
Current income: Judges look at the salary, wages, and any passive income one spouse currently earns.
Future earning potential: This includes expected promotions, education, or job opportunities that might increase earning capacity.
Gaps in employment: Periods of unemployment or time spent out of the workforce, such as raising children, can impact the court’s decision.
Courts use income comparisons to decide spousal support amounts and assess the need for long-term payments. The goal is fairness—making sure the lower-earning spouse avoids financial hardship while the higher-earning spouse maintains a reasonable lifestyle.
3. Age and Health Considerations
Age and physical health can significantly affect a spouse’s ability to support themselves after a divorce. Courts weigh these factors carefully when deciding on spousal support.
Age: Older spouses may face more difficulty reentering the workforce, especially after long-term marriages.
Health limitations: Chronic illnesses, disabilities, or other health concerns can limit employment options and create a greater need for spousal support.
Retirement planning: Courts may also consider how spousal support interacts with Social Security, pensions, or retirement accounts, particularly for older spouses.
These factors highlight the need for a nuanced approach. Courts aim to provide support in a way that reflects each spouse’s practical and financial realities. An experienced attorney at McCarter | East PLLC can make a significant difference in effectively presenting these details.
4. Contributions to the Marriage
While financial contributions are important, courts also recognize the non-monetary sacrifices that affect the dynamics of the marriage. This includes contributions that may not appear on a pay stub but still have significant value.
Homemaking and childcare: Raising children and managing a household can limit one spouse’s career growth, which courts often take into account.
Supporting a spouse’s education or career: If one spouse contributed to the other’s education or professional advancement, this may justify additional support.
Property and asset contributions: Contributions toward joint property or investments, even if indirect, are also considered.
Recognizing these contributions makes sure that spousal support isn’t just about money earned, but also about the sacrifices and work each spouse invested in the marriage. Courts view this as a fair way to acknowledge both visible and invisible contributions.
5. Standard of Living During the Marriage
Another key factor courts evaluate is the standard of living established during the marriage. Spousal support often aims to help the lower-earning spouse maintain a lifestyle reasonably consistent with what was experienced during the marriage, without creating an undue burden for the higher-earning spouse.
Housing and daily expenses: Courts look at mortgage payments, rent, utilities, and everyday living costs.
Education and extracurricular activities: Expenses for children’s schooling or activities can factor into spousal support decisions.
Leisure and lifestyle: Vacations, hobbies, and other lifestyle choices during the marriage may also influence the court’s calculations.
Maintaining a comparable standard of living helps both spouses adjust gradually, minimizing financial shocks while supporting a fair transition. An experienced attorney can help document these lifestyle factors to strengthen a spousal support case.
Contact Us Today
Spousal support decisions aren’t just about numbers—they reflect the unique circumstances of each marriage, the sacrifices made by both spouses, and the future stability of everyone involved.
Courts consider multiple factors, including the duration of the marriage, income and earning capacity, age and health, contributions to the marriage, and standard of living. Understanding these factors can provide clarity during a difficult and emotional process.
At McCarter | East PLLC, we’ve helped clients in Murfreesboro, Tennessee, as well as Woodbury, Cannon County, and the surrounding areas understand their rights and advocate for fair spousal support outcomes. Reach out to our firm today to discuss your case and see how an experienced attorney can guide you through the process with compassion and precision.