Maginnis Howard no longer practices family law. This blog is for informational purposes only.
Post-separation support is spousal support paid by the supporting spouse to the dependent spouse until the earlier of either the date specified in the order of post-separation support or an order awarding or denying alimony. It exists to provide temporary assistance prior to a determination of alimony, which may not come for some time given the detailed factual analysis involved. The court will generally award post-separation support if the court finds that the dependent spouse does not have adequate resources to meet his or her reasonable needs and the supporting spouse has the ability to pay. At Maginnis Law, we understand the importance of receiving immediate financial support during a separation prior to an alimony determination. Advocacy for post-separation support requires a detailed analysis of the various factors the court will consider.
Post-separation support can be ordered in any action for divorce. The court must base its award of post-separation support only on the financial needs of the parties. The court should consider the present income, standard of living, incomes of both parties, debt obligations of both parties, and legal obligations to support any other person(s). When conducting a hearing on a claim for post-separation support, the judge can consider marital misconduct (cheating) in deciding whether to award or how much to award in post-separation support. Generally this appears to be relevant only when raised by the supporting spouse. Unlike alimony, there is no absolute bar for post-separation support with certain acts of marital misconduct. In post-separation support claims, reasonable attorney fees may be awarded upon application of the dependent spouse where the dependent spouse is entitled to post-separation support. As with alimony, attorney fees are to be paid by the supporting spouse.
