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Quick Facts on Post-Separation Support & Alimony

Post-Separation Support (PSS) is defined as spousal support to be paid until the earlier of either the date specified in the order of post-separation support, or an order awarding or denying alimony.

PSS replaces the previous term "temporary alimony."

In order to receive PSS, one must prove:

  • The parties involved were lawfully married
  • Party seeking PSS is a dependent spouse
  • Party from whom PSS is sought is a supporting spouse
  • Dependent spouse does not have resources to meet her needs, and
  • Supporting spouse has the ability to pay PSS to dependent spouse

PSS is primarily financially based and illicit sexual behavior does not act as a bar to the claim.

Dependent spouse can only provide evidence of marital misconduct if, and after, the supporting spouse provides evidence of marital misconduct.

Cohabitation is an absolute bar to PSS claims.

Alimony is defined as an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term.

In order to receive alimony, one must prove:

  • The parties involved were lawfully married
  • Party seeking alimony is a dependent spouse
  • Party from whom alimony is sought is a supporting spouse
  • An order of alimony is equitable after considering the factors set forth in the statute

Dependent spouse is not entitled to alimony if she has engaged in illicit sexual behavior prior to the parties date of separation and the supporting spouse has not

Alimony terminates at the earlier of the following:

  • Date set by the court
  • Date of death of either party
  • Date of remarriage of the dependent spouse
  • Date of beginning of cohabitation by dependent spouse

The amount of the alimony award is in the complete discretion of the trial judge.

A jury may be involved in an alimony claim only for the purpose of determining whether marital misconduct has occurred.

Award of alimony may also include medical insurance coverage for the dependent spouse.

Award of alimony is taxable to the party receiving and tax deductible to the party paying it.

Attorney's fees may be awarded to the party receiving PSS and/or alimony.

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