Postseparation support is temporary alimony intended to support a dependent spouse while the parties prepare for trial. Unlike other temporary claims, it's considered a different claim than alimony with a shortened set of criteria.
Overview
Postseparation support is granted if a breadwinner spouse can afford to pay a financial dependent spouse that needs financial support to meet their reasonable financial needs.[1] While alimony is based on 16 factors, postseparation support is typically a short one-hour temporary hearing. The temporary claim is based on:[2]
(1) the financial needs of the parties
(2) the standard of living during the marriage
(3) the incomes of the parties
(d) their income earning abilities
(e) debt obligations
(f) reasonably necessary expenses of the dependent
(g) legal obligations to support others (e.g. child support)
Generally, the court will only consider marital misconduct by the financial dependent. However, if the breadwinner alleges marital misconduct by the dependent, they open the door for their own misconduct.[3] The idea is to remove excessive evidence about misconduct that belongs in the final trial, while making sure the court does not give postseparation support to a financially dependent spouse that does not actually qualify for any.