Last Updated on: 23rd June 2025, 12:48 am

Financial Support During Legal Separation: Your Rights and Options

When a couple gets a divorce, it is possible that one party may be entitled to financial support from the other. This support is generally used to pay either to maintain a former spouse’s standard of living or to help support any children that the couple had together. However, can an individual ask for financial support if he or she are only separating?

Joint Financial Responsibilities During Separation

You and Your Partner May Be Linked As a Practical Matter

If you and your spouse have any joint debts, you are both responsible for paying them. Therefore, Our Spodek Law Group attorneys recommend that you may be able to come to a private agreement to have those bills either split 50/50 or in some way that is fair to both parties. It may also be possible to ask a judge to create an order that will compel your partner to continue to contribute to joint bills. Remember, your creditors are going to come after whoever is on the loan or credit card equally. Therefore, if your spouse or partner doesn’t pay his or her share of the debt, it will still impact your credit score negatively.

Child Support Obligations During Separation

Child Support Orders Are Common

The legal parents of a child are required to contribute to that child’s best interests no matter what their relationship status is. Therefore, if your partner leaves you, he or she is obligated to pay support until that child is 18 or is otherwise not entitled to support anymore. In some cases, a support order may be granted as soon as the separation becomes official.

Understanding Spousal Support Rights

Spousal Support May Be Ordered

Whether you are in a marriage or a domestic partnership, the person who makes the most money may be responsible for paying spousal support to the other. This means that if you made less than your spouse or partner, you may be entitled to support for a limited time. The level of support that you receive may also be influenced by your ability to find a job or otherwise maintain a reasonable standard of living.

Alternative Dispute Resolution Options

Courts Don’t Necessarily Need to Make a Ruling

If you and your partner can come to an agreement regarding child and spousal support on your own, it may not be necessary to go to court. This may be ideal because:

• It takes less time than court proceedings
• It costs less money in legal fees
• It may work to preserve the relationship

Those who need help negotiating an agreement may want to try mediation before settling their differences with litigation.

While a separation may not be as permanent as a divorce, it still carries many of the same legal responsibilities. Once you and your spouse or partner agree to a separation agreement, it will be written down and legally binding on all parties. Therefore, it may be a good idea to talk with The lawyers at Spodek Law Group prior to signing off on any formal agreement.

Complex Financial Considerations in Separation

The decision to get divorced can be highly complicated. Before a divorce takes place, the couple may choose to have a separation to see if divorce is ultimately the right path for them. A separation is both a legal decision and an emotional one. One of the most important and yet difficult aspects of any separation and divorce process are the financial aspects that may be involved. Each person in the marriage may have different ways of supporting themselves with different careers and jobs. One partner may be earning far more money than the other partner. The other partner in the marriage may devoted themselves to caring for the children of the marriage.

Varied Financial Circumstances

Varied Circumstances

After the completion of the divorce process, one half of the couple may be awarded primary child custody and spousal support. The amount of money being awarded will depend in specific circumstances including how much each party brought to table before they married. However, going through the process of divorce can take a lot of time to complete. In the meantime, the spouse who is separated may be facing mounting bills and may not have as yet the means to pay for them.

In that case, it is possible for the person to be awarded funds from the other partner under certain circumstances even if the divorce is not yet finished. Multiple factors will play into this decision. That includes:

• The number of children
• Any prenuptial agreement
• The couple’s current lifestyle

The prenup may indicate exactly what the spouse is entitled to in the event of any kind of separation. However, if the couple’s financial circumstances have drastically changed, it may not necessarily apply right now.

Immediate Child Support During Separation

Support for Children

In many cases, the decision to award support during this time begins by speaking directly to a law officer. One of the most important things to keep in mind that a parent is always required under all laws to support their children. If the separation means that a parent no longer lives at the family home, the judge may award temporary support to pay the rent and other expenses for the children right now even if the separation has just begun. During this time, the custodial parent can ask for child support to begin immediately.

Maintaining Your Standard of Living

Existing Lifestyle

Just as with a divorce, the person separated may also be able to petition to keep up their existing lifestyle. If one member of the partnership is currently pursing a graduate degree, that partner may be entitled to continue to have the other spouse help them pay tuition. The length of the marriage may also be taken into account during the separation. Couples who have been married over a decade or more may have established fiscal obligations such as a mortgage payment.

A judge may order the spouse who’s moved out during the separation to continue to pay the mortgage and half of other bills such as:

• Food expenses
• Medical bills
• Private school tuition
• Payments on a second home
• Even care for a pet

When Support May Change or End

Changing Considerations

While financial support is often the norm during a separation, there are situations where it may not be used or may be reduced. If the person who is separated has taken up with a new relationship during this time, that may be taken into account. The other spouse may not be required to offer support if there’s another adult involved. If the spouse suffers a significant change in finances, this can also influence the amount of support offered or even if support is at all offered.

Significant business losses may mean a corresponding drop in the partner’s ability to pay. Courts will recognize this and take this into account when deciding if spousal support should be offered during a separation. The same may be true if one partner finds a newer and better paying job or if they get an inheritance that is enough to pay their bills. It’s best to consult directly with Our attorneys. They can sort out any issues related to spousal support during a separation.

Determining Your Eligibility for Financial Support

In the event that you are separated from your spouse, you may be curious as to whether or not you are entitled to financial support. In some cases, the answer to that question may be yes. The odds of getting support are higher for those who have children, but anyone may be entitled to payments from the other spouse depending on the facts in the case.

Parental Financial Obligations

Parents Are Always Responsible for Their Children

Under no circumstances is a parent free from his or her obligation to raise that child. This means providing emotional as well as financial support until that child is 18 or otherwise emancipated. Therefore, a parent who is the primary caregiver of a son or daughter during a separation can and should ask for child support payments.

The amount of these payments will be based on your income, the other parent’s income and other factors that the court deems relevant. It may also be possible for the parents to come to an agreement on their own, which may provide both parties with the flexibility to raise their child as they see fit.

Lifestyle Maintenance and Support Duration

Do You Need Funds to Maintain Your Lifestyle?

As with a divorce, an individual may be entitled to the same type of lifestyle during a separation as he or she enjoyed during a marriage. In some cases, support may be granted for a limited amount of time to allow you to find a job or to complete your education. If you have been married to the same person for many years and withdrew from the workforce to help raise a child, you may be entitled to compensation for your efforts during a separation. Spousal support may also be granted to those who have been married for 10 years or more or for those who may have special needs.

Voluntary Support Arrangements

An Individual May Support a Partner Voluntarily

It is possible that the spouse or partner who made the most money will voluntarily agree to support the other partner or spouse during the separation period. This may be codified through a prenuptial agreement or any agreement created before or during the separation. If such an agreement is put into writing and signed by both parties, it may be considered legally binding in court.

Circumstances That Affect Support

What If My Circumstances Change?

Typically, you are no longer entitled to any type of financial support if you:

• Find a job
• Receive an inheritance
• Find someone new to support you

For example, if you find a new boyfriend or girlfriend who provides you with housing or pays your bills, your current spouse or partner may no longer be responsible for making support payments. If your former partner or spouse’s financial situation changes for the worse, the amount of support that he or she owes may also be reduced to reflect that new reality.

If you are thinking about separating from your significant other, you may want to talk to Our Spodek Law Group attorneys first. Doing so may make it easier to determine if you are entitled to financial support and make it easier to take steps to actually get that support for yourself and your children if you have any.