Is separation support like pre-alimony? OR?


#1

[first of all, i apologize, this was already answered in another post. Erin wrote: Post separation support is temporary alimony, in can be awarded shortly after the parties separate.] – the concern here is about having to go to court for this, if you read on… I don’t mean to ask the same question twice, but the for layman this is Greek…

My daughter hasn’t come to this bridge yet. She’s just filing for child support–it’s been less than one month since separation due to Domestic Violence. She’s not pushing for info on this b/c she thinks all she wants is the child support. However, she doesn’t yet know how much that will be and I sense that she will need more help than just the child support.

It was STBX issues that caused her to have seek shelter elsewhere (with her sister). There is a restraining order granted to her on the return DV hearing in place for one year. Her desire to have her own apartment in the future is keen and once she figures out the dollars and cents involved, even with child support that may not be enough.

The question is about separation support. She definately does not want to file for alimony–even though he makes more than her–because she had a one night fling with someone and doesn’t want to have to be before a judge to defend this and she feels that the STBX would bring this up and she’s embarassed by it. How does separation support link with alimony? if she asks for separation support (and exactly how is that done by the way? and who determines the $$ amount $$ or is that something they both agree upon and they write it up in the separation agreement or exactly how is that handled?

Can she ask for separation support and not alimony? or is one a temporary phase of the other? Can she seek separation support up until the time of the absolute divorce and not ask for alimony–which i assume alimony is more permanent?

Obviously I don’t know anything about either one. Could you help us understand the difference and if here is a hearing involved for the temporary separation support? Even if she could get a little something additional financially from him (in addition to the child support) until the divorce, it would be helpful for her – like helping her pay first and last on an aparment and things like setting up a household with her little one.

Any clarification would be helpful… she’s going to go to the divorce clinic where they will give her paperwork for filing things next month.


OK, so here’s what I see on the Rosen website:

b At a hearing on postseparation support, the judge shall consider marital misconduct by the dependent spouse occurring prior to or on the date of separation in deciding whether to award postseparation support and in deciding the amount of postseparation support. When the judge considers these acts by the dependent spouse, the judge shall also consider any marital misconduct by the supporting spouse in deciding whether to award postseparation support and in deciding the amount of postseparation support.

(e) Nothing herein shall prevent a court from considering incidents of post date-of-separation marital misconduct as corroborating evidence supporting other evidence that marital misconduct occurred during the marriage and prior to date of separation.[/b]

so, obviously there is a court and a judge and a hearing… well, his misconduct was excessively greater than her one time fling… but it appears that this could be too emotionally difficult for her. The DV hearing was enough drama to last her a good long while I’m sure. So she will not want to do this. Is there no way to file for post separation support without a hearing in a coutroom? Could that be negotiated as part of what they both agree upon (if she can getting him to agree–not sure if that would happen!) in the settlement agreement?

any input very appreciated.
thanks kindly,
Concerned Mom22


#2

The court can award PSS even in light of an affair on the part of the dependant spouse.
If the parties agree in a separation agreement to an amount of support, the matter will not be before the court.
One can ask for PSS and not alimony.


#3

thank you very much!


#4

You are most welcome.