Can I Get Alimony While the Divorce Is Pending?
Typically, alimony is ordered as part of a divorce judgment, to be brought into effect once the divorce is finalized. In some cases, however, a spouse may need interim financial support while the divorce is pending. In these instances, the court has the power to order temporary alimony while the divorce is pending. When considering temporary alimony, the courts will factor in whether or not the spouse requesting the support has a private group health insurance plan. If they do not have insurance, the court may also order a provision sufficient for the spouse to procure insurance coverage.
It is important to remember that the court will consider several factors when determining alimony. The actual financial need of the spouse making the request is just one of these factors. Other factors include, the length of the marriage, the conduct of either spouse during the marriage, the age and health of the spouses, the amount and sources of income, station, employability, occupation, vocational skills, the debts and financial needs of both spouses, and the outlook for the future acquisition of assets or income of each spouse. The court will also consider the contributions each spouse made to the family estate, to include domestic duties such as childcare, and the needs of any dependent children. No one factor will outweigh another. Temporary alimony is only meant to last until the divorce is finalized, so it will be considered differently than alimony that will come into effect with the finalization of the divorce. This is also called general term alimony. Likewise, while the duration of general term alimony is limited according to the length of the marriage, temporary alimony is limited to the duration of the pendency of the divorce.
If you are contemplating divorce or have already initiated the divorce process and need temporary alimony, consider speaking with an experienced divorce mediator about your case. A divorce mediator will provide you with the necessary legal information so you and your spouse can make informed decisions about alimony. He or she may also be able to work with you and your spouse on a temporary financial support agreement as well as a general term alimony agreement, saving you the cost and stress of taking the matter to court for the judge to decide.
Are you going through a divorce and have questions about temporary alimony?
Mediation Advantage Services is here to help.
Polly A. Tatum, experienced in Massachusetts family law, can help you make a request for temporary alimony, giving you peace of mind while your divorce is pending. Based in historic Worcester, our firm serves all cities and towns throughout Massachusetts and Worcester County including, Auburn, Paxton, Leicester, Sutton, Grafton, Shrewsbury, Westboro, Northboro, Southboro, Holden, Sterling, Princeton, Worcester, Charlton, Millbury, Dudley, Spencer, Brookfield, Sudbury, Natick, Framingham, Hopkinton, Milford, Blackstone, Leominster, Fitchburg, Acton, Jefferson, Barre, Oakham, Cambridge, Newton, Marlboro, Lancaster, Bolton, and Hudson. Call our office at (508) 795-1557, fill out our online form, or today to schedule your Complimentary Mediation Success Planning Session.
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