Taking divorce is an emotionally painful process wherein you get separated from your long-term marriage and move on. Besides the emotional trauma, some couples also deal with financial challenges as they are no longer dependent on their partner to pay bills. Therefore, most people think they can get alimony before the divorce is finalized. According to Montgomery divorce attorney, getting an alimony before divorce is possible in certain cases. In this article, we will discuss some key factors which impact the final decision. So, here we go!
Factors affecting whether you will get an alimony before the divorce
1. Legal separation
Legal separation is recognized in certain jurisdictions where couples live apart but maintain their marriage license. During this time, one spouse may ask the other for financial assistance, such as alimony. This arrangement may end in a formal divorce or be only temporary.
2. Temporary alimony
In many jurisdictions, the partner earning less money is more likely to get a temporary alimony to maintain their financial status. The temporary alimony ends once the divorce between the couple is finalized.
3. Agreement between spouses
Both partners can cohesively decide about the interim financial arrangements. These include alimony or spousal support before the divorce is finalized. Such an agreement between the spouses is mentioned in the separation agreement and given to the court.
4. Emergency situations
In case there is an emergency or extreme need, the court offers temporary alimony or support before the divorce is finalized between the couple. Such orders are generally given in cases of abandonment, domestic violence and major financial differences between both parties.
5. Court discretion
When it comes to deciding whether to grant maintenance or interim alimony, courts have discretion. They take into account things like both spouses’ financial demands, each spouse’s ability to earn a living, the level of living during the marriage, and any agreements reached by the parties.
Wrapping up
Before your divorce is finalized, it’s crucial to speak with a family law attorney knowledgeable about the rules in your state so you may understand your options and rights regarding alimony or support. They can offer advice catered to your unique situation and support you in successfully navigating the legal system. Maintaining thorough documentation of your earnings, assets, and outlays will also help you make a stronger case for temporary assistance.
