Is spousal support the same as maintenance?
Is spousal support the same as maintenance?
Alimony, also called spousal support or spousal maintenance, is the payment of money by one spouse to the other after separation or divorce. Its purpose is to help the lower-earning spouse cover expenses and maintain the same standard of living after divorce.
When to file a complaint for separate maintenance?
If you have been served with a complaint for separate maintenance, there are things you must do to participate in the case. If you do nothing, your spouse may be able to get a final decree without you. You only have 21 days after being served to file your own response .
Can a separate maintenance case lead to a divorce?
A separation does not stop either spouse from asking for a divorce in the future. However, a new divorce case may need to be filed. The court process and issues involved in a separate maintenance case are generally very similar to divorces.
Can a spouse file for separate maintenance in Virginia?
Luckily for her, and others in the same situation, in Virginia spouses have the option to file for “separate maintenance.” Separate maintenance is a way for one spouse to receive Court ordered support from the other spouse, without a divorce.
Do you have to be married to get separate maintenance?
The final requirement is that the parties must be married. The whole point of separate maintenance is to award support in situations where the parties are still married; so it makes sense that it is not a remedy for a couple that is divorced.
If you have been served with a complaint for separate maintenance, there are things you must do to participate in the case. If you do nothing, your spouse may be able to get a final decree without you. You only have 21 days after being served to file your own response .
Can a married couple file for separate maintenance?
Some married people may choose to file for separate maintenance rather than divorce for religious or other reasons. There are some downsides to separate maintenance. For example, if your spouse takes on new debt, it may be considered your debt, too.
A separation does not stop either spouse from asking for a divorce in the future. However, a new divorce case may need to be filed. The court process and issues involved in a separate maintenance case are generally very similar to divorces.
How is separate maintenance different from spousal support?
Separate maintenance is similar to alimony or spousal support, but it’s not called alimony because the couple is still legally married. The factors used to determine separate maintenance are similar to those for determining alimony, and will depend entirely on the laws of your state.