Temporary spousal support should not be confused with any money or payments that you will receive after the divorce is over. It is a limited time “Maintenance” payment to help keep the status quo while the divorce is being settled. Temporary support is often needed by the spouse with less financial means to cover food, expenses and other necessities.
Spousal support is not automatic. You have to request it from the same court where you filed for divorce. The divorce court will then go over a variety of factors to decide whether you are eligible. These factors change from state to state so you will need to consult a lawyer in your area to get specifics. They will go over the details of your case and give you personalized advice for your situation.
How does the court decide if I qualify for spousal support?
In most instances the court will look at:
- Each person’s finances to gauge how badly the support is needed. “Need” doesn’t mean the bare necessities to live on. The court will base “need” on how much assistance you require to get your standard of living up to the same level you maintained while married. So, if you have other revenue streams that would keep you on the same level of comfort then the court would not award you any support.
- Whether the spouse that will be paying can afford to make the payments. The court will look at your spouse’s paycheck, overtime pay, bonuses, social security benefits and things of this nature to make their decision. If the support payments would make it difficult for them to enjoy the same standard of living as they did before the divorce then you may not be awarded support.
Three other factors a court would look at before awarding support are:
- Each person’s education and employment history
- The age and health of each person
- Who is at fault for causing the divorce
Slepian, Schwartz & Landgaard in Peachtree City can help you through your divorce, and assist you in getting all that you deserve from your case. Call 770-486-1220 for a consultation with our Family Law and Divorce Attorney.