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Can I Receive Spousal Support During Divorce?

Can I Receive Spousal Support During Divorce?

Divorce can be a costly transition. Moving expenses, childcare, and legal fees can seem impossible after losing your spouse’s additional income. Fortunately, you may be entitled to seek spousal support while the divorce is still in process. 

 

Temporary alimony, also called alimony pendente lite, can be awarded to ensure that both parties can pursue divorce action on an even playing field without suffering disproportionate financial losses. 

 

Determining Spousal Support

 

The court may order that your ex-spouse pay spousal support after the finalization of the divorce. Spousal support exists to provide for the “care, maintenance, and financial assistance” of both spouses after the divorce. 

 

The judge may consider various factors when determining spousal support, including financial need or ability, the standard of living established during the marriage, relative age, level of education, access to employment training, and the value of property accrued during the marriage.

 

Temporary Alimony Is Purely a Matter of Money

 

Judges have much to consider when awarding spousal support payments, but your ability to receive alimony pendente lite is solely based on objective financial circumstances. Unlike spousal support, you cannot contest alimony pendente lite. A knowledgeable divorce attorney can help determine if pendente lite could apply to your situation

 

In some circumstances, the court may also award the payment of legal fees and miscellaneous expenses related to the divorce in addition to temporary alimony awarded.

 

When all is said and done, and the divorce decree entered, alimony pendente lite will be terminated. At that point, alimony/spousal support payments will shift to those outlined in your final divorce agreement. Consult an experienced Michigan divorce lawyer to preserve your standard of living during and after the divorce.

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