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• whether the spouses lived together before they were married and whether any part of the cohabitation should be included in the length of the marriage

• each spouse's age and health

• the needs of the children, and whether child care responsibilities affect the dependent spouse's ability to return to work

• whether the dependent spouse left the workforce to be a homemaker or raise children

• how long the dependent spouse has been out of the workforce, that spouse's marketable skills, and what retraining might be necessary

• contributions that either spouse made to the other's training, education, or career advancement

• the possibility that either spouse may acquire assets in the future (such as the maturing of stock options or a large inheritance), and

• any other factors that the judge thinks should he considered.

Earning Capacity

In addition to looking at actual income, a judge may examine each spouse's ability to earn money. The idea here is that if you could earn significantly more than you are, but voluntarily choose a lower standard of living, your spouse shouldn't have to suffer financially because of it.

If either you or your spouse has skills or education that you are not using-for example, if you are trained as a lawyer but are working as a sculptor-the court can "impute" to you a higher income than what you actually have. You may be ordered to pay support consistent with your earning power, not your actual income. And if you're the recipient spouse, you might get support that's consistent with your ability to earn, rather than what you actually earn-or you may be ordered to fend for yourself.

Shirking doesn't pay ...

" My ex-wife was a nurse. She left me for a guy she met while taking a photography class, then quit her job to try being a photographer. Her income went down to about a quarter of what it had been, and she wanted me to pay her support-even though I had the kids most of the time, too. I said I'd pay support according to what her nursing job paidwhich meant I would be paying just about nothing. She fought me at first, but then I think her lawyer told her she was going to lose. She went back to nursing."

-Divorced father of two

Fault

In some states, you can argue that fault should be considered in setting spousal support (you can make this argument whether or not you filed for divorce on the basis of fault). If the higher-earning spouse committed adultery, was abusive, or is for some other reason at fault for the divorce, the support payment may be increased. Of course, as the saying goes, you can't get blood from a turnip. If there's only a certain amount of support that your errant spouse can afford, the court won't order an unrealistically high payment. More commonly, the spouse who receives support has payments reduced because of fault.

A table in Chapter 5 shows the impact of fault on property division and on spousal support refer to it to see how your state views fault.

Beyond Spousal Support

Spousal support is usually just a temporary measure, designed to keep one spouse from running into financial trouble immediately after a divorce. Even if you're receiving support, you are ultimately responsible for your financial future. Make a one-year, three-year, and five-year plan for where you want to be in your life, and include what kind of work you want to be doing and what you want in terms of salary and benefits. If you received significant property or other assets in the divorce settlement, invest them wisely and with an eye toward the future. Learn to budget, if you haven't yet.

Negotiating Support With Your Spouse

Before you start negotiating with your spouse about support, look carefully at the factors judges consider (discussed above). They may help you in your negotiations-and if you can't agree, at least you'll know what the judge may take into account.

Your mediator or lawyer can help you. If you're using mediation or collaborative law to resolve your divorce case, you can work with the professionals to figure out how much support is appropriate. If you're