Am I entitled to financial support from my husband during a legal separation?

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Question:

Am I entitled to financial support from my husband during a legal separation?

Answer:

During a legal separation, two parties are not yet divorced but they are living separately. If you find yourself separating from your husband, whether or not you are entitled to financial support will depend on a number of factors:

  • Does your state recognize the concept of legal separation? If so, then you may go to court and have the court help you to agree to a settlement agreement if you cannot agree to one on your own. This settlement agreement may require spousal support if the court believes you need such support to maintain a reasonable standard of living
  • If your state does not recognize legal separation and your former spouse just moves out, without you creating a formal settlement agreement, it may be more difficult to get support. If you truly need the money to live on and your spouse will not agree, then you may be able to go to court and get a court order that requires him to pay support when the divorce is pending. This is more likely to be a successful endeavor if you two have children and if you are seeking an emergency support order to ensure that the children have the financial resources they need. 

To get help determining whether the laws in your state entitle you to support or not, and for assistance in filing for support if your husband is not willing to provide it on his own through an out-of-court decision you two make, you should strongly consider speaking with a lawyer as soon as possible. 

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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