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Will I Receive Spousal Support During a Legal Separation?

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Question: Will I Receive Spousal Support During a Legal Separation?
Answer:

If you are eligible for spousal support you will receive it during a legal separation. It is your legal right when filing for a legal separation to request the court grants spousal support.

Most states have laws that cover spousal support during a legal separation. These laws allow the courts to award temporary spousal support during the period of separation. The laws also outline what the court should take into consideration when granting temporary spousal support during a legal separation.

Below are things the court will consider when determining spousal support during a legal separation:

  • The income of both spouses.
  • The earning ability of both spouses.
  • The age of both spouses.
  • The physical ability to earn of both spouses.
  • The emotional condition of both spouses.
  • Any retirement benefits of the spouses.
  • The duration of the marriage.
  • The standard of living during the marriage.
  • The education of both spouses.
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