How Women Can Get Temporary Alimony From Husband

Divorce alimony, or temporary alimony may be given to a spouse once the parties have entered in a legal separation or anytime during the divorce proceedings. In some states, the divorce process can be quite lengthy. Women who are dependent upon their husband’s income will need financial support, especially if there are children involved. Alimony decisions are used to preserve the status quo and ensure that the standard of living the wife enjoyed during the marriage remains the same. At the very least, the court will make sure that the spouse is not without food, clothing, housing and other basic necessities.

Filing for Temporary Alimony

A request for temporary alimony will need to be filed in a petition or motion to the court where the divorce proceedings are happening. The evidence required to obtain temporary alimony is relatively minimal. The party making the request must show proof:

That a marriage had indeed existed
That there is a divorce proceeding underway
The financial needs of the requesting party

Temporary alimony is only awarded for a short amount of time, but generally lasts until permanent alimony is awarded or the divorce is finalized.

How is Alimony Decided?

Although the divorce laws in each state vary, there are several factors that the family court will consider when deciding upon awarding alimony:

The length of the marriage
The couple’s financial obligations and assets
The financial need for alimony
The husband’s financial ability to pay alimony
The earning capacity for both partners
The number and age of the children
The age, physical and mental health of both spouses

The spouse who was the primary breadwinner or whoever earned a higher income during the marriage will be ordered to make support payments. The amount awarded is usually at the judge’s discretion, but in some states, support may be calculated by using a standard formula.

How a Divorce Attorney Can Help

In some jurisdictions, it can take months to get a hearing before a judge due to a full docket in family court. Your divorce attorney may be able to request temporary spousal support be given retroactively from the date of the original petition. For example, if your attorney filed a motion for temporary support in March and the court didn’t hear the matter until September, a lump-sum payment for six months of alimony may be awarded. If you have a financial emergency, a lawyer can file an emergency motion with the court and request an “ex-parte” order. This means that your husband’s legal counsel will not be in attendance at this hearing. These types of orders should only be filed when the spouse can prove that a serious emergency existed.

Thinking About Divorce?