Post-separation Support and Alimony both are forms of support awarded to a dependent spouse: (i) if the court find the spouse’s income insufficient to maintain the living standard the spouse was accustomed to during the marriage; and, (ii) if certain other conditions described below as “marital misconduct,” are determined to be present. In short, spousal support typically is available to a dependent spouse and, then, only if the other spouse commits some act(s) of marital misconduct – both conditions must be present.
Post-separation support and Alimony claims are usually addressed in separate hearings. Typically, post-separation support is temporary support ordered on an interim basis for a set period of time or until there is a final judgment awarding or denying alimony. Permanent alimony is typically awarded later in the case, after the court has ruled on claims to post-separation support and payment for the ongoing support and maintenance of a spouse, either by lump sum or on a continuing basis.
A “dependent spouse” is one who is substantially dependent on the income of the other spouse or who is substantially in need of support from the other spouse. For example, a spouse whose contribution to the marriage involved remaining at home to raise the parties’ children, while the other spouse worked outside of the home, would typically be considered a “dependent spouse.” Generally, a dependent spouse must have little or no outside income, or an income that is substantially less than that of the income-earning, working spouse in order to obtain post-separation support or alimony.
Alimony and post-separation support typically terminate at a time specified by the court, or by the agreement of the parties and usually upon the death of either spouse, upon the remarriage of the dependent spouse, or upon cohabitation of the dependent spouse.
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