"Temporary alimony" refers to financial support that one spouse pays to the other during a divorce or separation for a limited period.
Full definition
In some situations, a court might
award temporary alimony payments as reimbursement to a spouse who supported the family while the other spouse got a degree to increase earning potential.
You have the option of
requesting temporary alimony, paid while divorce is pending; permanent alimony, paid after divorce is granted; or both.
If you are contemplating divorce or have already initiated the divorce process and
need temporary alimony, consider speaking with an experienced divorce mediator about your case.
Also important to know is that even if your divorce is pending and your marriage hasn't ended yet, the judge could still issue a «temporary order» requiring an obligor to
pay temporary alimony during the divorce proceedings.
Courts are more likely to adjust the terms
of temporary alimony or spousal support orders in a final decree, because the value of property distributed to each spouse is sometimes a factor in alimony calculations.
Otherwise, a judge might
grant temporary alimony while the spouse that stayed at home retrains in a new career, or revives an old career.
In Wyoming, you can request alimony as soon as the divorce process begins; you can
receive temporary alimony until you get your final order from the court.
In George v. George, 476 Mass. 65 (2016) the Supreme Judicial Court
said temporary alimony does not affect the length of general term alimony obligations.
The court also found, however, that the amount of alimony Husband paid before the final hearing was «an appropriate amount of alimony as
temporary alimony,» and we have found nothing in the record on appeal warranting reversal of this finding.
It establishes a new formula to determine the amount of interim spousal maintenance («
temporary alimony») for the period during which a divorce case is pending.
Neither party suggested any other variables that this court could consider in determining whether Husband could receive an offset of
the temporary alimony that he paid against Wife's share of the marital property.
In directing Husband to pay
temporary alimony of $ 2,500 per month, the court encouraged Wife to find employment and specifically «reserve [d] the right to offset temporary alimony against [Wife's] equitable distribution if the Court at the final hearing determines that such is appropriate.»
In support of its decision to decline to treat any part of
the temporary alimony as an advance on equitable distribution, the family court noted that both parties treated the payments as alimony for tax purposes.
We therefore hold the record is insufficient for this court to make findings of fact as to whether any part of
the temporary alimony paid should be offset against Wife's share of the marital estate.
At the temporary hearing Wife wasn't awarded
any temporary alimony, though Husband was required to pay the first mortgage on the home where she resided and pay $ 50.00 per month toward's Wife's son's drug abuse treatment.
If divorce proceedings have begun, it's important to draft a formal separation agreement as soon as possible, establishing the spouses» rights regarding property, debts,
temporary alimony, child support, and child custody.
If you can't reach an agreement with your spouse on how to pay expenses during your divorce, you may file a motion for alimony «pendente lite» —
temporary alimony, sometimes referred to as «post-separation support.»