I filed for Divorce. Can I ask for Spousal Support?

Yes. Both parties have a right to ask for Spousal Support regardless of who initiated the divorce.

When can I start receiving Spousal Support?

The court may order either spouse to pay any amount necessary for the support of the other spouse while a divorce action is pending. An action is “pending” from the time the petition for divorce is filed. The earliest date to which an order for temporary spousal support may be retroactive is the date of filing the Request for Order.

What is the amount of Spousal Support I can receive while the divorce is pending?

Temporary support may be ordered in any amount based on the party’s need and the payer’s ability to pay. Many courts consult the statutory guideline amount displayed by the support calculation software they use in setting temporary spousal support.

What is a long term Spousal Support Order?

The Judge may order a party to pay spousal support to the other party in any amount, and for any period of time that the court deems just and reasonable in the judgment of dissolution.

How much can I receive in long term Spousal Support?

In awarding long-term spousal support, the judge must base its decision on the standard of living established during marriage. The “marital standard of living” is intended to be a general description of the station in life the parties had achieved by the date of separation. In determining the marital standard of living, the actual expenditures will normally control the amount of spousal support awarded.

Can I modify a Spousal Support Order?

In order to obtain modification of a Spousal Support Order, the party must show a material change of circumstances since the order was made. The “circumstances” referred to are the same ones the Judge is required to consider in making the initial long-term order at the time of judgment. The change of circumstances requirement applies whether the order to be modified was litigated or based on an agreement of the parties. Even when a showing of changed circumstances is made, however, it does not necessarily mandate a modification of the Spousal Support Order.