What is Post-Separation Support?
Post-Separation Support is financial support received by a dependent spouse after the separation, but before the divorce is legally finalized. An award of support may be terminated if the following occurs:
- Parties resume marital relations
- Either the dependent or supportive spouse dies
- Co-habitation of a dependent spouse with another.
- Dependent spouse re-marries
What Is Alimony?
Unlike Post-Separation Support, Alimony is a permanent order that requires a supporting spouse to pay the other spouse a specific amount either periodically, or in one lump sum. Be aware that an award of alimony is not gender specific, and is not tax deductible to the payor. Learn more about the new 2019 alimony tax law here.
The following are factors that a court will consider when determining whether to award alimony:
- Marital Misconduct, which can include adultery, abandonment, cruel or barbarous treatment, reckless spending, excessive use of alcohol
- Income of both parties
- Any debts of legal obligations of both parties
- Standard of living both spouses were accustomed to during the marriage
- The length of the marriage
- The relative health and age of both parties.
Keep in mind that adultery during the marriage is usually a complete bar to receiving alimony. However, there are certain defenses to the claim of adultery, such as connivance or condonation. It is important to seek the advice of an attorney to determine whether you have any defenses, how to prove another spouse has committed adultery, and how adultery may affect your case as a whole.