Post separation Support

Post Separation Support (known as PSS) is a short-term financial solution intended to ease anxiety about financial resources and stability. Typically it is granted after the parties are separated prior to their divorce and division of property. PSS requires that one spouse be dependent on the other, that the dependent spouse has a financial need, and that the supporting spouse has the ability to pay.

PSS focuses on what the reasonable needs of the dependent spouse are and attempts to cover the dependent spouse’s reasonable needs. This is distinct from what is looked at to determine alimony.

PSS is not alimony. PSS ends upon the earlier of either an order awarding or denying alimony, or at a date determined by the court. PSS is merely a short-term option that will help a dependent spouse during the divorce process. PSS is deductible by the supporting spouse and is taxable to the dependent spouse. PSS is not automatic. PSS must be requested from the court. The court will weigh many factors in order to determine if PSS is appropriate.

Alimony

Alimony is a financial obligation that a supporting spouse has towards a dependent spouse. Like PSS, this must be requested and the request must be supported by evidence to allow the court to determine if support is appropriate, and if so, how much. Alimony focuses on the lifestyle that the dependent spouse had prior to separation and the supporting spouses ability to maintain that lifestyle. Alimony will not be granted to a dependent spouse who has committed adultery (some exceptions to this exist). Payments may be made periodically, or it may be paid in a lump sum. The payments may be ordered for a fixed duration or they may continue indefinitely until a terminating event occurs. Alimony may be forfeited if the recipient remarries, dies, or begins cohabiting with another in a romantic relationship. The court will weigh many factors to determine if alimony is appropriate. Some of the factors the court will consider are: 1) the length and duration of the marriage; 2) the educational levels of both spouses and the need for training for the dependent spouse to reenter the workforce; 3) the contribution of the dependent spouse to the education and earnings capacity of the supporting spouse; 4) the age, physical and mental and emotional condition of the parties; 5) the needs of a custodial parent; 6) a spouses contribution as a homemaker; and also, marital misconduct.