Friday, October 12, 2012

Can you still get spousal support from your husband if he changes from a divorce to a legal separation?

Q: My husband and I have been married for 39 years. He was going for a divorce and now wants a legal separtion. What are the differences between legal separtion and divorce when it comes to things we both own like houses and automobiles and other things we own and spousal support.
Asked 1 day ago in Alimony


David Bliven’s answer: Generally "legal separation" entails a separation agrement, which is a document negotiated between you & your husband. Thus, the terms of the agreement, including payment of spousal support, is subject to agreement. In a divorce, an actual court case is filed. Thus, while generally the parties still attempt to negotiate a settement agreement, one of the main differences is that if an agreement cannot be reached, you can get a Judge involved to resolve the disputed issues.

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