Divorce cases can be lengthy and complex. For spouses who are dependent on their partners for financial support, a pending divorce could put them at significant financial risk.
But can you get financial support from your spouse while waiting for your divorce to be finalized? This depends on many factors, and your family law attorney will help you understand the options that are available to you.
Temporary spousal support may be obtained in many cases. This provides financial assistance to spouses who earn less than their partners and who must rely on assistance to satisfy their basic financial needs.
Understanding Temporary Spousal Support
The primary purpose of temporary spousal support is to help one spouse maintain the standard of living that existed during the marriage. It’s a type of alimony that the courts grant to the spouse who earns significantly less than the other.
There are factors that influence a court’s decision to grant temporary financial assistance. The actual need for support is first determined, and the requesting spouse must demonstrate that basic needs can’t be met without it.
Spouses whose incomes are comparable aren’t likely to secure temporary spousal support during the divorce process.
However, the presence of high levels of debt, medical expenses, and lack of employment may justify spousal support while waiting for your divorce to be finalized.
But your spouse must be able to provide support in order for you to obtain temporary alimony regardless of your need for it.
Obtaining Temporary Spousal Support
Courts will ask both parties to provide detailed information on their personal finances before awarding spousal support. These financial disclosures must outline existing assets and debts, expenses, and income among other relevant information.
Working with a family law attorney will help you determine if you qualify for financial assistance while considering the factors that can impact the court’s decision.
In addition to your need for assistance and your spouse’s ability to provide it, the courts will assess your work history and ability to secure employment in the future.
In some cases, issues related to a person’s health or age may affect their ability to earn a living and plays a big part in the final decision.
The cause of the divorce may also be considered. Determining who is at fault for the divorce may influence the court’s decision to grant temporary financial assistance,
Spousal Support Before and After Divorce
Temporary spousal support doesn’t continue once the divorce is finalized. Any alimony granted after the divorce will be applied under a different label.
If you receive temporary alimony, the support will end once the divorce proceedings have been completed. The courts will consider a different set of factors when deciding if you’ll receive alimony after the divorce is final.
But if you do receive alimony before the divorce, it may be issued in a variety of ways.
Most cases allow for cash payments to be made directly to you. In other instances, the financial support may be given in the form of payment to specific debts such as medical bills and mortgage payments.
It may also include property use and ownership during the divorce proceedings. This typically occurs in cases that involve child custody issues.
Once you file a request for temporary spousal support, a hearing will be held to give you and your spouse a chance to provide evidence to support your cases regarding if and how support will be granted.
The process can be complicated if you don’t have a full understanding of your rights under the law. Your family law attorney will help you determine the best way to secure financial support while you wait for your divorce to be finalized.
Securing financial assistance can help cover legal fees and give you the resources you need to maintain your quality of life while moving forward in your divorce proceedings.