Temporary Spousal Support
Temporary spousal support is spousal support payable to the dependant spouse after legal separation until the earliest of:
Date specified in an order for post separation support;
Entry of an order awarding or denying alimony;
Dismissal of an alimony claim;
Entry of judgment of absolute divorce if there is no alimony claim pending at the time of judgment; or
Termination of post separation support due to cohabitation, remarriage, or death of either spouse.
Temporary spousal support can be ordered by the court in an action for divorce as long as there is a claim for alimony pending, in an annulment, or for alimony without divorce. In order for a spouse to be entitled to temporary support he or she must prove that they are a dependent spouse and the other is the supporting spouse, that his or her resources are insufficient, and an award is equitable considering all the factors as listed above in the Alimony section including martial misconduct. However, unlike alimony the judge has the discretion to deny all post separation support because of marital misconduct.
To learn more about temporary spousal support and to assess if this is a good option for you during your divorce or separation, please contact us today for more information.