Post Separation Support
Awarding Post Separation Support (previously called Temporary Alimony) is a way to prevent a more financially secure spouse from taking advantage of a less financially secure spouse before the awarding of Alimony becomes final. It is temporary in nature. There are numerous reasons that a court may award Post Separation Support including, but not limited to: financial needs of the spouse, accustomed standard of living, present employment income, earning abilities of both spouses, separate and marital debt obligations, living expenses of the spouses, and pre-separation marital misconduct of both spouses.
Before a court will award alimony, there must be a dependant spouse, a supporting spouse, and the award must be equitable or fair considering all the factors. A dependant spouse is a spouse who depends on the supporting spouse for his/her maintenance and support. A supporting spouse is the spouse who provides that maintenance and support. Factors that the court considers in determining if alimony is equitable are similar in scope to the factors necessary to award Post Separation Support including: financial needs of the spouses, accustomed standard of living, present employment income, earning abilities of both spouses, separate and marital debt obligations, living expenses of the spouses, and pre-separation marital misconduct of both spouses. Please note that a claim for alimony must be pending at the time of divorce. If it is not, alimony is deemed waived.
Post Separation Support & Alimony can be modified or terminated by the court upon a showing of substantial change in circumstances. Alimony and Post Separation Support terminate upon the death of either party, upon the remarriage of the recipient spouse, or upon the cohabitation of the recipient spouse.