Last Updated on: 13th October 2023, 08:22 pm

Can I Get Temporary Support While We’re Separated?

Going through a separation can be really tough, especially when it comes to finances. Many people wonder if they can get temporary spousal support from their spouse while separated in Washington state. The good news is – yes, you can request temporary support during your separation.

What is Temporary Spousal Support?

Temporary spousal support (also called maintenance or alimony) is financial assistance from one spouse to the other during the separation period. It helps the spouse who earns less money maintain their lifestyle while the separation is ongoing.Temporary support is ordered by the court and is valid until your separation matter is resolved. Once the separation is finalized, the court may order permanent spousal support based on the factors in your case.

Who is Eligible for Temporary Support?

In Washington, either spouse can request and receive temporary support – it doesn’t matter if you’re the husband or wife. The key factors are that you have a need for financial help and your spouse has the ability to pay.You don’t need to have been married for any specific length of time to qualify for temporary support. However, the court may consider the duration of your marriage when determining the amount to award.

How is the Amount of Support Determined?

Washington courts look at several factors to decide on a fair temporary support amount. The assumption is that both spouses contributed equally to the household income during marriage.Some of the factors considered include:

• Income of both spouses
• Earning capacity and ability to work
• Age and health conditions
• Length of marriage
• Standard of living during marriage
• Tax liabilities
• Contributions to the other spouse’s education or training

The court uses these details to determine how much support you need and your spouse can realistically afford to pay. The goal is to maintain the financial status quo for both parties during the separation.

Applying for Temporary Support

To get temporary spousal support, you need to file a motion with the court asking for it. This is usually done soon after the Petition for Legal Separation is filed.The motion should explain your financial situation and why you need support from your spouse. Provide details on your income, expenses, assets, debts, and any other relevant financial information.Once your motion is filed, the court will schedule a hearing to listen to both sides. It helps to have an attorney to represent you at the hearing. After considering all the evidence, the judge will issue a temporary order for spousal support.This order is valid until your separation case finishes. The court can modify the amount later if there are substantial changes in circumstances.

Difference from Permanent Support

Temporary support is intended to provide stability during the separation process. The calculations focus mainly on financial need and ability to pay.Permanent spousal support is determined when your separation is finalized. The court considers a wider range of factors, including career sacrifices, living standards, and more.Permanent support aims to help the spouse maintain their marital lifestyle after separation. It can be paid for a set period or indefinitely.

Tips for Temporary Support

• Gather documents on income, expenses, assets, debts, and other financial details. This evidence helps prove your need for support.
• Try to settle support amounts out of court if possible. Contested hearings can be expensive and stressful.
• If you’re paying support, consider offering a lump sum buyout of remaining months to avoid ongoing legal fees.
• Understand that temporary support incentives delaying final settlement. Actively move the separation case forward.
• Consult an experienced family law attorney to protect your rights and get the best outcome.

Going through separation is difficult enough without having to stress about money. Seeking temporary spousal support can provide much-needed stability as you transition to your new situation. With proper evidence and legal help, you can get a fair support order while you finalize your separation.