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How To Get Temporary Spousal Support During Your Divorce 

An important issue you must be aware of when beginning your divorce proceedings is that you may be entitled to temporary spousal and child support.

All too often I hear from women who are not receiving any financial support while waiting to reach a divorce settlement. This can be devastating. It can take months or even years to reach an agreement with your ex.
 
Unfortunately many women are not aware that they can go to court and file a motion to receive temporary spousal and child support. It amazes me how many divorce lawyers do not file a motion for temporary support. If you and your spouse cannot reach an agreement in your divorce, you can get a date in court before a Family Court Judge. This is referred to as a Pendente Lite hearing. The Judge can decide on issues such as the award of temporary child custody and support, temporary spousal support, temporary use and possession of the home, and other divorce-related issues. Remember that the results are temporary but the decision can give you some financial support while waiting for your divorce to become final.
by Christina-Rowe  298 Posts 

Posted on 10/11/2007 6:53 PM
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Comments for "How To Get Temporary Spousal Support During Your Divorce"  (29) (You must be logged in to answer)




Temporary spousal support ,in many cases, is essential even though the spouse is unaware as to its availability!  The one distinction that is important to keep in mind throughout the process is that when a court awards temporary spousal support that does not mean that permanent alimony will be awarded, these are seen as seperate issues.
I recently wrote a blog on the rising number of claims with regard to alimony in the wake of the recession.  Although the study looks at California, the trend is national and reveals the importnace of making alimony claims early and always make a claim for it in the divorce proceding itself as later claims are often barred.
by legalmatch   38 Posts
Posted on 6/30/2009 3:58 PM
0





I was lucky, mine always paid me. The first 3 years he paid enough to pay the big house payment and for me to live. I quit working. Once the house was paid he paid less but I was still lucky to live comfortably. He is still paying now that it is over and will for the rest of his life for medical and spousal support.  I also get retirement and have the house that's paid for. Maybe it was his guilty conscious, lying for 2 years saying he was trying to work it out to come back. ha! what a laugh. Telling the mistress the same thing - he was caught in the middle of the mess he made and didn't know what to do.  I couldn't trust him again after over 35 years and she was a cheater also so now they both have to watch each other's backs! he will never marry her but is still with her. If anyone needs support - go to court and make them attach their wages. So what if they have to live with Mom again or under a bridge - toss him a blanket and old lumpy pillow.
by Bella28   10 Posts
Posted on 2/3/2009 4:52 AM
2





Jeez, after reading all these posts (OK most of them), I will never get married again.  Too much risk not enough reward. I've lost allot, but nearly as much as some of the folks in this thread.  I ran into a female friend of mine and she bragged how her divorce cost over 100K.  Unbelievable that she was bragging about it.  I know this, stay the hell away from her! And others like her...
by wave   23 Posts
Posted on 1/20/2009 7:57 PM
2





This is all very well. My wife committed adultery, earns a very good salary, has no dependents and I am paying 70% of the debts but she was still awarded temp support as the court does not look at ability to pay.
While I realize there are people who need this, the system is still unfair and many men are taken advantage of becuase of this.
by canary1922   355 Posts
Posted on 1/16/2009 7:55 AM
11





How did you file for the temp support? Did you do it or did your attorney file for you?
denisep
by denisep   32 Posts
Posted on 1/9/2009 8:53 AM
17





My stbx has his own house-he says someone financed it for him and he is fixing it up. He tells me is moving out by the end of the month and i better be ready to pay all the bills in our house now. He plans on giving me nothing. Says i will not get any spousal support. He wants to file for dissolution since it is cheaper than a full divorce. He is partners in his own company and they only take a draw each month-not an actual paycheck. He says i can not get a thing from him. I never realized how vindictive he can be.
by chrisy   82 Posts
Posted on 1/7/2009 9:49 AM
0





my husband left me for another woman, he cheated on me, we dont have the money for the lawyer, he says hes gonna have part of his pay check going into our account,  his new girlfriend is on the truck with him now, he's taking care of her and i feel like i am going to get shafted,  i cant afford the house or the bills myself,  help
by nancy69   9 Posts
Posted on 1/4/2009 10:33 AM
15





Very inportant. My EX left in Februaury and it took 3 months just to get temp support. Thank Goodness I got it because my divorce is taking FOREVER!!! The courts are so booked and EX is fighting everything. I could care less as he was court ordere to pay 65% of the bills and allowed me sole use and occupancy of the house & keep ALL of the rental income we get. He never would have allowed me to keep that.
by chris51   23 Posts
Posted on 12/22/2008 5:50 PM
3





Don't forget that in some states, when you file a pendent lite (pen-dee-tay lee-tay) you might also want the Court to adopt a parenting plan. In the parenting plan, you can make stipulations. For instance, in my individual parenting plan, I stipulated that I did not want my husband to take my child (20 mos) out of state.  (He lives in NC and I live elsewhere).
by superlost   18 Posts
Posted on 12/14/2008 11:25 AM
1





I HAVE NOT RECEIVED SPOUSAL MAINTENANCE SINCE 2004 WHEN MY X DIVORCED ME AND LEFT ME WITH ONLY A DISABILITY CHECK.  IF ANY ONE KNOWS HOW I CAN COLLECT MY MAINTENANCE SUPPORT LET ME HEAR FROM YOU.
by dumbass   3 Posts
Posted on 12/11/2008 3:54 PM
1





my husband and i have been married for almost a year and a half  he has recently left and moved with his mom the year and a half we were together he went through 9 different jobs i mean walked out on most of them i had to support us and make ends meet.  before he left me i quit my job so now i only live off of unemployment and thats not much at all he is threatening me with divorce can i file for spousal support.
by elllie   3 Posts
Posted on 12/11/2008 1:23 AM
9





If homosexuals wish all this pain and suffering for themselves, I say they may have it if the wish!
by Natalie   729 Posts
Posted on 11/23/2008 2:51 AM
0





The first time my husband and I went to court I did not have an attorney but I was coached on what to say. The only thing I didn't ask for was temporary support for the month we were apart. He has(had) domestic violence charges against him. I think now he has pleaded and is on probation or something. This time I told my lawyer I want support for 6 months instead of the normal 4 months here in Texas. One problem with that is I work part-time and I'm educated. I'm just waiting my time for a full-time job. I lived with this man for one year before we got married. We were living as husband and wife. Texas does not recognize common law marriages according to my attorney. I hope that everywoman who asks for support gets it and gets a lot of money. We women put up with too much from these men. My husband is a narcissist and he is mentally bipolar I think. He is not capable of loving anyone except himself. I compete with the co-workers , ex-girl friends, and a real close guy friend of his. Women we need to wake up and read everything we can get our hands on. Ladies get pre-paid legal services for $11.00 per month. I love my PPL attorneys. Go to www.prepaidlegal.com and you will be glad you did.
by FeeFee   9 Posts
Posted on 11/4/2008 6:14 PM
0





i can understand alot of things im reading in here, i waited thinking he would do as he said. well not i got separation papers which i didnt agree to anything , now he filed for absolute divorce and ed . i have 30 days to respond and i cant afford a expensive attorney but i got someone one that is willing to look at my paper work and i will be asking for spousal support, child support, among other things. i agree with sdcchargers13 make sure and file for that support, i been married for 6 yrs and dealt with lies, cheating and him hiding money from me i know i can file for him to disclose finances just dont want it is.
by jazzlblue   26 Posts
Posted on 10/14/2008 1:25 AM
2





I'm in Texas and my Attorney got me spousal support within a week of him filing divorce on me.  It will be 6 months this week and he is still paying a pretty penny every month as I was a housewife, he owns his own business worth several millions and he threatned me our last night with a gun and went to jail for a couple of hours, then they sent him to a hospital for mental evaluation for 72 hours.  Our divorce has just been at a stand still all of these months and it looks as though it will take still about 6 months in which he will still have to give me my monthly check.  
Gosh, he still can't get rid of me! HA! 
What a large price to pay for what he did to me that last night!
by Cissey   6 Posts
Posted on 9/22/2008 6:28 PM
3





So, I left my house beacuse my stbx tried to hurt me and filed a restraining order. I was so concerned to be safe i never asked for money. My oder for protection was granted and my attorney filed for emergency support and 2 hours before court the attorneys struck a deal. Well that was may 28 2008 . it is now Aug 24 and the attorneys are still saying each other didn't agree. My attorney said they did argee and sad my stbx will get away without paying back pay from jan. He has had 50/50 custody too. I still don't have my rebate stimulas check and they wanted me to go the bank at mediation with him. I replied i have a restraining order because I am afraid of him. We are scheduled for court for sept.  I am going for more custody because I only agreeded to 50/50 because I was told to for my safety. My son who is 4 has been to the emergency room with 4 stitches in his care. They dyed his hair permanent hot pink in a mohawk and sent him to his christian school. he drinks and drives with him. They (his girlfriend) leave him with her 13 year old and 2 girls 7 and 8. For long periods of time. his girlfriends moved in 2 days after I left. she is married to a felon who gets out of jail july 09. Dcf has been to his house because of complaints she leaves her 7 and 8 year old by themselves.  he refused in mediation to give me and child support at all. I feel so discusted with the things I have no control over and I really Worry about my son.  I have investigated everything possible and taken pictures. I just wish I knew I would get full primary custody hands down.
by crowe   11 Posts
Posted on 8/24/2008 2:02 PM
0





my husband has recently asked for a divorce although he is not sure when he will file.  We have been married for 16 years and our youngest is about to start 6th grade.  I have been a stay at home mom for the past 10 years.  Should I look for a job and start working full time?
by sy   34 Posts
Posted on 8/3/2008 1:40 AM
151





Thanks for the divorce law advice. Definitely much needed and appreciated!
by jrichards578   8 Posts
Posted on 7/30/2008 11:59 PM
4





I've been going through a 2 year divorce of a 2 year marraige.  He will not sign the PSA i believe because he will have to start paying me.  Is it too late to go for spousal support?
by ldybug   1 Post
Posted on 6/26/2008 2:11 PM
20





I have been married for over thirty years.   In a drunken stupor he attacked me and was in jail five days.  I filed a five year restraining order.   He nows attend alcoholic anonymous.  He has been retired about ten months.   I have been working full time for eight years.  Before that time I was a  "stay home mom"  working only part time.   In the meantime my husband sues for a legal separation and temporary support.  Guess what?  He was awarded temporary support because I make more then his monthly retirement.  What can I do?
by sooveryou   1 Post
Posted on 6/25/2008 5:34 PM
9





I am a stay at home mom and have been for 10 yrs he is now telling me he wants to file for divorce instead of a seperation. and he wants me off the company paid insurance and out of the house so he can sell it.  He is about to get a promotion and he wants the divorce so he does not have to share what he gets out of it.. his attorney told him he had to pay for my edu and then he tells me he wants me to work and go to school and take care of the kids. the last I checked my kids are a full time job and to get insurance on my own I have to hold a full time job. and go to school full time.. what is up with the expections.

by monkey6843   9 Posts
Posted on 6/23/2008 5:38 PM
29





I received spousal support and it was not taken off the final settlement or had to be paid back. I was paid for almost a year until we had the final divorce decree. Because of the health insurance issue I stretched it as long as I could. Temp. support, then property settlement and then the final decree. From May-06 to Dec. -07. What I saved in health insurance premiums took care of a huge chunk of  my attys. fees. Just make sure the pendente lite includes a clause keeping you and the children on his company paid health insurance until the final divorce decree.
sdchargers13: Can't you have someone check his SS# and find him that way?
racytay: apply for a credit card in your name while you still have his income to count towards your card. It is more difficult to get one at good rates with less income. They will ask for total family income and you can use his.
by trisha9054   4967 Posts
Posted on 5/6/2008 1:59 PM
5





Hmmm...I think it is a good idea.  I just wonder if you are working things out and no problems then does this lead you down a path of fighting if you don't have to fight?  My husband said if I lawyer up he will get very ugly with money and etc.  I think this may be a scare tactic so he can get a leg up on me.

He sees all I do with money, it's all together I have no income. He has opened a new account.  He has credit cards and I do not.  I don't want to start stuff, but I want to protect my kids from being taken from me.  I also want to be able to keep their lifestyle to some extent.  I'd like to believe him, but temp orders are kind of cheap I think.  I don't know what the big deal is why I shouldn't do it. 

anway, Why am I listening to him still?
by racytay   4 Posts
Posted on 5/2/2008 11:52 PM
12





Hey so if one gets spousal support does this mean you have to pay it back to your ex at a later date or do they take it off the final settlement?

Sorry if I sound like a dumb broad but thought I would ask all the same.

Thanx ABC

by ABC   7 Posts
Posted on 4/29/2008 6:13 AM
26





My husband too is abusive emtionally and finacially, I am dying wih cirrohsis and I feel like he is just waiting for me to go. Im on kimo and seem to be doing better but still pretty sick where do I go ?
by kelly77   3 Posts
Posted on 4/12/2008 4:37 PM
5







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