Separtion Support


#1

I was told that marriage of less than 5 years usually results in a reversion of pre-maritial assets and no spousal support. In the event that spousal support is awarded, it is only for up to half the length of the “marriage”

Is this true? If so what defines the term of the marriage - does it stop at the point of seperation or does it end with the date of the absolute divorce?

If this is not the case, what is a better guideline to how long I should obligate myself to supporting my former spouse?


#2

The length of marriage as used for the calculation of alimony ends with the date of separation, not the date of divorce. There is no hard and fast rule about alimony having to be no longer than half of the length of the marriage, nor is there a bright line rule about there being no spousal support for marriages lasting less than five years. The judge can look to many factors in determining alimony, including the duration of the marriage, but that is but one factor.