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HOW ARE POST-SEPARATION SUPPORT AND ALIMONY DIFFERENT?

HOW ARE POST-SEPARATION SUPPORT AND ALIMONY DIFFERENT?

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It is not uncommon to hear the terms spousal support and alimony used interchangeably. So, what makes them different?

Post-separation support: Meant to provide for a dependent spouse during the divorce process but may end on a specified date or when an alimony determination is made.

  • Financial resources of both parties are considered when determining post-separation support.
  • A dependent spouse is one who does not have the resources or means to meet their needs.
  • Post-separation support may not be granted if the supporting spouse does not have the ability to pay it to the dependent spouse.

Alimony: Payment after the divorce is finalized and can be made on a continuous basis, or in a lump sum.

  • Like post-separation support, alimony is paid to the dependent spouse from the supporting spouse.
  • Marital misconduct is considered when determining whether or not alimony will be supported or denied, depending on which spouse engaged in the behaviors.
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