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Does A Spouse Have To Support the Partner During Separation?

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When a wedding becomes divorce, there are such a lot of headaches inside the court proceedings. The court expenses and legal costs are high for a divorce case. In this case, it is a big question if the husband has to support his wife financially during separation. According to the law, spousal maintenance is a term that the husband has to pay during the separation period before the divorce. You can know about spousal maintenance from a divorce lawyer near you. In this article, we will discuss this matter in detail.

Rights Of A Woman In Divorce

A woman has some specific rights in a divorce. If she claims more than that, it is illegal. The husband has to give money to his wife for the divorce, which is called spousal maintenance. The purpose of this money is to support the wife financially. Also, the wife has the right of residence and till the divorce is done. A working wife can not declare renovation earlier than the separation. These are the financial and property rights of a woman in divorce.

What Is Spousal Maintenance?

Spousal maintenance is a certain amount of money, which the husband has to pay to his wife during the separation period or after the divorce. This amount is dependent on the status of the wife. If the wife is not an earning lady, she will get the money to pay the court expenses during the divorce. Also, she will get money for maintenance after the divorce. If the wife earns, she might not get the interim spousal maintenance.

Who Can Demand Spousal Maintenance?

Not only the husband has to pay spousal maintenance always. According to the situation and some conditions, the wife also may have to pay the spousal maintenance. There are some specific factors for deciding who can claim spousal maintenance.

Some Things That Court Considers

To answer the question does a husband has to support his wife during separation, the court will decide the matter. The court will determine who will get the spousal maintenance and who has to pay it. The court will consider the following things-

  • Age of the husband and the wife
  • The operating capacity of the husband and wife
  • Income status of the husband and wife
  • A proper standard of living

Judging the things mentioned above, the court will decide if the husband has to support his wife financially or not. 

Continuity Of Spousal Maintenance

There is no specific time duration for spousal maintenance. It varies from case to case. The existence period of spousal maintenance depends on some parameters. You can make an agreement with your partner about the duration of the spousal maintenance without the court’s involvement. The husband or the wife may have to pay urgent spousal maintenance in their partner’s dire situation after the separation. Interim spousal maintenance only exists till the last hearing of the divorce. 

Conclusion

You should consult a divorce lawyer near you to handle the rights of a woman in a divorce. It is not compulsory that the husband has to support his wife financially. The court will decide if a husband has to pay the spousal maintenance amount to his wife or not.

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