Post Separation Support is, like alimony, support paid by one spouse to the other. Also like alimony, the Court must find that one spouse was the supporting spouse and the other spouse was the dependant spouse during the marriage. Post separation support is temporary spousal support paid during the time the domestic law suit is pending. Usually post separation support continues until the Court enters an Order awarding alimony or denying alimony. However, there are instances where the Court will impose a time limit on post separation support.
In some Judicial Districts, post separation support is determined after a hearing involving several witnesses and many exhibits. Increasingly, Judicial Districts are moving to a procedure where post separation support is determined “on the affidavits.” Under this procedure, each party would prepare a sworn document setting forth in detail his or her income, expenses and recurring financial needs. Under this procedure, marital fault is generally not considered by the Court.
If you would like sample forms and instructions for listing your income and expenses, please click the links below.