Time of Separation Explained

A marital separation may last for a long or short period of time, depending on the circumstances of the Alimony Most couples will go through a legal marital separation before a divorce is granted. While a couple is separated, the details of their divorce settlement are worked out in a family court. However, some couples decide to stay separated for years instead of going through with a divorce. The amount of time that a couple has been separated may affect the type of alimony payments that can be awarded, as well as the amount of money that the alimony payments will be.

When a couple goes through a marital separation, a spouse may file for temporary alimony. Temporary alimony payments are only awarded during a legal marital separation. The point of temporary alimony payments is to allow a spouse to get used to a new standard of living. It can also give a spouse time to become financially independent. However, it is important to remember that a judge will usually only allow temporary alimony payments to last one to two years. If a couple is separated for a longer period, the temporary alimony payments that a spouse is awarded may get reduced.

A marital separation is considered to be a midpoint between marriage and divorce. Although a spouse may be awarded continuing alimony payments after the divorce is final, the temporary alimony payments during a marital separation will usually be higher. Temporary alimony payments are only paid during the time of marital separation. This is due to the fact that the judge will usually expect the spouse receiving temporary alimony payments to get back on their feet in a reasonable amount of time. The longer a couple is separated, the more likely it is that a judge will stop the alimony payments that a spouse receives.

If a couple waits to file for divorce after a longer period of marital separation, alimony laws may make it more difficult for a spouse to be granted alimony payments. This is because many judges will consider the lengthy marital separation, a time period that each spouse should have to get used to become financially independent. Sometimes it is impossible for a spouse to become financially independent, no matter how long the marital separation lasts.

An individual's best bet is to file for divorce quickly after their marital separation is legally granted, if they are sure they want a divorce. It will be easier for them to receive temporary alimony payments if they do not let too much time pass between the marital separation and the divorce.

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