While a divorce is pending, the spouse who earns less may be entitled to temporary spousal support. The support is considered temporary because it only applies until the support issue is resolved as part of the divorce judgment. In order to obtain temporary support, there are certain procedures that must be followed as it isn’t automatic. However, it is best for the parties to try to settle the matter on their own rather than going to court.
How Much Temporary Support Is a Spouse Entitled to Get?
Courts usually grant support to the lesser-earning spouse in an amount consistent with the marital lifestyle as determined by a statutory formula. This may not be the same amount as will be given at the end of the divorce since temporary support is based on the information available at the time it is awarded, which is typically before financial documents have been exchanged and the discovery process has been completed.
Importantly, the parties can come to their own agreement regarding temporary support.
When Should an Application for Temporary Support Be Filed?
If after good faith negotiations, the parties cannot agree or a spouse is unwilling to pay support, then the party seeking support can file an application for temporary support. It should be noted that refusing to negotiate in good faith or pay support is counterproductive, as well as costly and time-consuming because the court will simply order an amount of support be paid that is consistent with the governing statute. Courts do not want spouses to walk away from their financial obligations just because they filed for divorce.
What Steps Must Be Taken to Obtain Temporary Support?
A party must request temporary support from the court. That is done by filing an application with the court for pendente lite relief. This is an action seeking financial support while the divorce is pending.
Spouses should be aware of their rights and obligations in divorce. If you are considering divorce, 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.
