Separate alimony is financial support provided by one spouse to the other during legal separation. It includes child support and lifestyle maintenance. A legal separation involves a court and a separation agreement. Pre-nuptial agreements can also determine terms. Separate maintenance becomes alimony during divorce. Couples can work out agreements amicably or through court orders.
Separate alimony is alimony provided by one spouse to the other when the spouses are legally separated. They are still married, but don’t live together. Separate alimony includes child support payments and funds intended to help the other spouse maintain their lifestyle. A separate support agreement usually also discusses the division of assets, child custody arrangements, and other details of the separation.
Couples can achieve a legal separation for a variety of reasons. It is sometimes designed as a reflection period to determine whether the partners would like a divorce. In other cases, people are opposed to divorce but wish to live separately. A legal separation can sometimes be referred to as a divorce from bed and board, as opposed to a dissolution of the bonds of marriage.
When a couple legally separates or gets a room and board divorce, the court becomes involved in the process. The partners, with the assistance of the court, work out a separation agreement which is deemed acceptable. It is generally understood that both spouses have the right to live in the style to which they were accustomed during their marriage, meaning that property must be divided equally and one spouse may be obligated to pay separate maintenance to support the other.
Some couples agree before getting married on what should happen in the event of separation. In these cases, the prenuptial agreement may determine some of the terms of separate maintenance. For example, a spouse may indicate in the agreement that she will retain ownership of the home in the event of a divorce and that if the home is sold this spouse will keep the proceeds. Other assets may also be separated, under the terms of the agreement made before the marriage.
When a couple formally divorces, the separate maintenance becomes alimony. If a couple has previously been legally separated, the separate support agreement can be used as a guide for developing an agreement on alimony payments and other terms related to the divorce.
Some couples are able to work out the terms of a separate support agreement amicably, with the assistance of attorneys to draft the legal paperwork, in which case the attorneys simply need to file the agreement in court for it to take effect. In other cases, you will need to go to court to get a court order for separate alimony.
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