Post-Separation Support and Alimony
Post-Separation Support offers temporary financial assistance to a dependent spouse before the divorce is finalized, and we can help you understand eligibility criteria and termination events.
For Alimony, our team advocates for your best interests, considering factors like marital misconduct, income, and marriage length. We address crucial topics such as the impact of adultery on alimony claims, potential defenses, and recent changes in the alimony tax law. With dedication and expertise, we strive to achieve a fair resolution that safeguards your financial well-being throughout and after divorce proceedings.
Post-Separation Support
Post-Separation Support is financial assistance provided to a dependent spouse after separation but before the divorce is finalized. This support can be terminated if certain events occur, such as the parties resuming marital relations, death of either spouse, cohabitation of the dependent spouse with another, or if the dependent spouse remarries.
Alimony
Alimony is a permanent order requiring one spouse to pay a specific amount to the other spouse periodically or in a lump sum. It’s important to note that alimony is not gender-specific and is not tax-deductible for the payor.
When determining whether to award alimony, the court considers various factors, including:
- Marital misconduct, such as adultery, abandonment, cruel treatment, reckless spending, or excessive alcohol use.
- Income and financial obligations of both parties.
- Standard of living during the marriage.
- Length of the marriage.
- Health and age of both parties.
Adultery during the marriage typically prevents the receiving spouse from obtaining alimony. However, defenses like connivance or condonation can be used to counter a claim of adultery. It’s essential to consult with an attorney to understand potential defenses, how to prove adultery, and how it may impact your overall case.