If you earn less than your spouse, you are arguably entitled to temporary spousal support during divorce. Spouses can be obligated to pay spousal support. However, the lesser-earning spouse must request it and it is subject to certain rules.
How Much Spousal Support Are You Entitled to Get?
A temporary award of spousal support is usually granted in an amount consistent with the marital lifestyle. Child support may also be awarded if you are the custodial parent. In addition, you should also receive adequate resources to pay for a lawyer of similar caliber as your spouse’s lawyer.
Importantly, the amount of temporary spousal support awarded is not necessarily the same as you may get post-divorce. That’s because all financial documents may not have been provided by both parties since the discovery process has not likely started let alone been completed. Even if some discovery has been accomplished, courts are reluctant to adjust the support while the divorce is pending. They want to encourage a speedy settlement and forcing the parties to live with the temporary support amount that may be lopsided is one of many tools that courts will utilize to help the parties attain settlement.
Note that temporary spousal support ends when a separation agreement is signed or there is a final court order resolving support issues and a divorce judgment is imminent.
What Steps Should You Take to Get Support If Your Spouse Refuses to Pay?
Negotiating support with your spouse is usually best as it avoids the time and money spent on legal fees to obtain a court order. However, if your spouse is unwilling to negotiate and/or pay spousal support, you can go to court. You must file an application with the court for pendente lite relief. This is an action seeking financial support while the divorce is pending.
If you are considering divorce, it’s essential to hire an experienced divorce lawyer to advocate for and protect your rights. Contact us for a consultation to learn how we can help you get the best result in your case.
