Family Law: Post Separation Support

In Uncategorizedby GWAO

After parties have separated, one party may be entitled to post separation support. This means that they get payment from the other spouse after separation but before divorce. To qualify, the spouse requesting support must show that they are the dependent spouse, that the other spouse is the supporting spouse, there is an accustomed standard of living, and the supporting spouse has the ability to pay. This comes up when one spouse is working, the other is not, and the spouse who is working up and leaves the relationship. Depending on how long the non-working spouse has been out of work it could be near impossible to get a job and support themselves to the extent that they continue living as they have become accustomed. This is what the court will look for when determining whether or not to provide post separation support.