How a Woman Can Obtain Temporary Alimony

In a divorce case, one spouse may be ordered to pay the other spouse temporary alimony.  Temporary alimony is typically awarded when the requesting spouse does not have the financial resources to support herself while the divorce case is pending.  In some jurisdictions, temporary alimony is referred to as spousal support or spousal maintenance. 

How Does Temporary Alimony Work?

State law governs when temporary alimony may be awarded and for how long a spouse may receive it.   In some jurisdictions, a temporary alimony award automatically terminates when the divorce becomes final.  In other jurisdictions, a court may order temporary alimony payments to continue until such time as the requesting spouse has become self-supporting or until such date as the court reasonably determines that the requesting spouse should have become self-supporting. 

A court will consider a number of factors in determining whether an award of temporary alimony is in order.  Among these factors are: 

• The length of the marriage;
• The financial circumstances of each spouse;
• The pre-marital assets of each spouse;
• The age and health of each spouse;
• The earning capacity of each spouse;
• The earning potential of each spouse;
• The standard of living established during the marriage;
• What, if anything, the requesting spouse contributed to the household during the marriage;
• Whether during the marriage, one spouse contributed to the education or potential earning capacity of the other spouse;
• Whether one spouse has hidden or attempted to hide marital assets without the knowledge of the other spouse immediately prior to the divorce or since the divorce case was initiated; and
• Any others factors the court deems relevant. 

In cases where the husband and wife have been married only a few years or where they have equal earning capacity, temporary alimony usually will not be awarded.  

Requesting Temporary Alimony

A request for temporary alimony is usually contained in the Petition for Divorce or in the Answer and Counterclaim, depending upon whether the requesting party is the plaintiff or the defendant in the case.  The request for temporary alimony must specifically show that: 

• There is a marital relationship between the requesting spouse and the party from whom temporary alimony is sought;
• The requesting spouse had a financial need; and
• The party from whom alimony is sought as the financial ability to pay it. 

Getting Legal Help

Divorce can have a devastating impact on a woman’s finances and unfortunately, many women don’t know that they may be entitled to temporary alimony.  However, by hiring an experienced divorce attorney, a woman can ensure that she is getting everything which she is entitled to receive under the law, including temporary alimony.