Will a family law court order spousal support after a separation but before a divorce?
Post-separation support is typically paid after the date of separation until divorce or final determination of alimony. An alimony claim must be filed prior to the divorce judgment being entered.
Post-separation support and alimony can be agreed upon by the parties or can be established by the court after a hearing. If a claim for alimony and/or post-separation support has been made, financial documentation will need to be exchanged by the parties, and documentation related to alleged marital misconduct may be sought.
How are alimony payments structured?
Payments for spousal support can be made by lump sum or periodic payments, which are often made on a monthly basis. Alimony payments end upon the first of the following: a specific number of payments or date; remarriage by the recipient, cohabitation by the recipient, or the death of either party.
When might marital misconduct influence alimony?
Marital misconduct includes acts on or before the date of separation such as illicit sexual behavior, involuntary separation of spouses due to a criminal act, abandonment of the other spouse, malicious turning out of doors, cruel or barbarous treatment endangering the life of the other, indignities rendering the condition of the spouse intolerable or life burdensome, reckless spending, excessive use of alcohol or drugs, and willful failure to provide necessary subsistence according to one’s means and condition. Marital misconduct can impact the amount and duration of alimony and may bar a claim for alimony.
What if I can no longer afford to pay my alimony obligation?
If your financial circumstances have changed, it may be possible to modify your alimony obligation.
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