During a separation, support in the form of temporary spousal support can be ordered by the courts or it can be agreed upon by the husband and wife voluntarily. There is nothing about the separation period itself that would preclude spousal support from being an option.
Sometimes spousal support which is rehabilitative in nature is critical to the financial future of the spouse because it allows her or him to receive support while they are updating their job skills or finishing their education. Rehabilitative support can begin during the separation period, and can possibly continue once the separation is over after the divorce.
Considerations
If the courts need to step in and order spousal support, there are a number of things they will take into consideration before ordering such support. Please note that this is a generic list, and some items may or may not be taken into consideration in the state where you live:
- The income of the husband and wife.
- Their separate earning potential after the marriage is dissolved.
- The age and general health of each partner.
- How long the marriage lasted before the separation.
- What the standard of living was during the marriage.
- Are there any retirement benefits currently, or expected shortly.
- The amount and type of debt that may exist.
- Any aggravating circumstances such as domestic violence.
Often in a marriage, one spouse is more dependent on the other spouse financially. If this is the case in your situation, the courts will examine each one of these factors to arrive at an equitable spousal support figure.
Although spousal support during separation is temporary by default, the court will decide the duration of spousal support after the separation and divorce.
The bottom line when it comes to spousal support is that the need of one spouse is measured against the other spouse's ability to provide financial support.
Legal Help Is Important
Often emotionally traumatic, a separation and divorce are life changing events which can have a marked impact on your financial future. Contact a family law attorney to discuss the specifics of your situation, and what you are looking for in the way of protection and support during your separation and divorce. You deserve compassionate, savvy legal assistance to make sure your future and your rights are protected.
