Alimony & Spousal Support

Alimony, maintenance or spousal support is an obligation established by divorce law in many countries that is based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated. In some instances, the obligation to support may continue after separation or divorce. Once dissolution proceedings commence, either party may seek interim or pendente lite support (Temporary Support) during the course of the litigation.

Where a divorce or dissolution of marriage (civil union) is granted, either party may ask for post-marital alimony. It is not an absolute right, but may be granted, the amount and terms varying with the circumstances. If one party is already receiving support at the time of the divorce, the previous order is not automatically continued (although this can be requested), as the arguments for support during and after the marriage can be different.

Unless the parties agree on the terms of their divorce in a binding written instrument, the court will make a determination based on the legal argument and the testimony submitted by both parties. This can be modified at any future date based on a change of circumstances by either party on proper notice to the other party and application to the court. The courts are generally reluctant to modify an existing agreement unless the reasons are compelling.

Once an underlying action for dissolution of marriage or legal separation has been filed, the Court can address the issue of spousal support in the underlying action. There is no legal obligation to pay spousal support by one parent to another other until there is a Court order. In limited situations, the Court can order spousal support in a nullity action. A Court order is obtained by filing a hearing.

Thus, competent legal assistance should be retained at the earliest.