Is Spousal support available before divorce?

Spousal Support before divorce
Spousal Support before divorce

The dissolution of marriage is painful and dragging in nature which brings a state of violent disturbance and disorder in an individual’s life. Lot of legal issues comes with the proceedings of divorce case and sometime it takes lot of time before it actually gets dissolved. But if the proceedings of divorce extend or continue for a long period of time it becomes difficult for a spouse who is not sound financially and which adds misery only for this situation law do provide spousal support or maintenance .This maintenance can be altered after the permanent settlement.

Circumstances under which spousal support is available

Temporary spousal support is granted by court only in two circumstances and they are if applicant need is justifiable and if the other party is capable of fulfilling their need then only temporary spousal support or interim support is possible to avail.

For getting temporary spousal support you need to file petition or motion. These are basic criteria of filing and getting temporary spousal support but besides this court go through some detail work which will include other aspect as well.

Court will see that the applicant need is justifiable and court will try to provide same living standard which the applicant use to enjoy during his marriage.

Court also will check spouse’s financial status through spouse’s payroll checks, bonuses, overtime checks and other benefits is also taken into an account.

Other criteria are the age and health of spouse’s, his or her educational qualification, their experience in employment or growth in their career, how long they were in this matrimonial alliance, role of each partner in their marriage, if they have children then what are their expense and who had filed for custody is also taken into consideration, each spouse ability to sustain is also taken into consideration. If both the partners are financially independent then they are not entitled to claim temporary spousal support or interim support but exceptions are there is this ground also.

One of the most interesting fact under Federal law is that you can enjoy the benefit  of medical insurance which was under your ex spouse’s group plan and the employer must not charge you for the first three years after the termination of the marriage.

About the Author                                                                

Angelina, an educationist by profession, is a freelancer and specializes in relationships counseling online and through social media in addition to numerous nerdy internet projects.

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