What is supposed to happen in a separation when the spouse who leaves the house doesn’t have an income? Would the other spouse be responsible for legal costs to ensure a fair trial?
If the dependent spouse is the one that moves out of the marital residence, then the supporting spouse will likely have an obligation to financially help the dependent spouse with their reasonable living expenses. This would be postseparation support.
The supporting spouse is not responsible for the legal costs of the dependent spouse. However, a judge could order that the supporting spouse pay the attorney’s fees of the dependent spouse, particularly if the supporting spouse has provided no maintenance and support to the dependent spouse which caused the dependent spouse to file a claim for postseparation support and alimony in order to have any income or funds at all.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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