When a divorce action is pending, the spouses have limited access to their marital property. To prevent financial hardship during this process, courts sometimes order one spouse to pay temporary alimony to the other.
If you are preparing to divorce, it is important to understand temporary spousal support in Suwanee. Our family law team can explain when courts grant it, how you request it, and how you can counter a request for temporary alimony.
When a couple files for divorce, the family court issues orders limiting both spouses’ use of marital assets. This can cause hardship when one spouse does not have sufficient income to be self-supporting. Temporary alimony is meant to provide the means to maintain a separate household until the marital property is divided and the divorce finalized. Temporary alimony is also called alimony pendente lite.
Temporary alimony is not automatic. Usually, a spouse requests it in their initial divorce pleading. A Suwanee attorney would make the request in the divorce petition, if the spouse who wants temporary alimony is the one who filed for divorce, or in the answer, if the other spouse filed first.
When a spouse requests temporary alimony, the judge handling the divorce holds a hearing on the request. At the hearing, the requesting spouse must prove that they need the assistance and that the other spouse has the means to pay it.
Each party must present detailed documentation regarding their personal resources, debts, obligations, and income. Our team will work with a spouse to ensure that the documentation supports the desired result.
Temporary alimony can and often does include cash payments. However, it also takes other forms.
The paying spouse could allow the receiving spouse to stay in the family home with the children without cost, which could be temporary alimony. Similarly, the paying spouse might agree to handle certain bills like car payments, utilities, or health insurance until the divorce is final. Sometimes, temporary alimony includes attorneys’ fees and court costs.
Our Suwanee family law team will have candid discussions to determine whether temporary alimony is needed and whether the other spouse can pay. They can then negotiate with the other spouse to reach an agreement that allows both spouses to establish independent households without causing excessive hardship to either.
Temporary alimony is a necessity for many divorcing spouses. When you have been dependent on the other spouse’s income, establishing a separate household may require more funds than you have. At the same time, you will have limited access to marital property until the settlement is final.
Our legal team can assist you in requesting temporary spousal support in Suwanee or defending a request if you do not believe your spouse needs the money. Reach out today to get started.