Temporary Alimony

Temporary alimony is called postseparation support and is determined under a different criteria

Similarities

Postseparation support is technically considered a separate legal claim than alimony, but it is essentially temporary alimony. Therefore, it has a lot of similarities. Just like with alimony, you need a breadwineer spouse that can afford to pay a financially dependent spouse. Additionally, a spouse that cheated cannot receive postseparation support.

Differences

The main differences with postseparation support is the criteria for determining the amount and duration of payments. Typically, payments continue until the court makes an alimony determination. Alimony replaces postseparation support once ordered.

In terms of the amount of postseparation support, at this stage the court is looking at a more simplified and limiting standard. Instead of looking at 16 factors, the court looks at the parties' financial needs given their standard of living, income, earning capacity, and debt. The idea is to financially support a dependent spouse enough to get by until the trial.

Conclusion

Since postseparation support is determined under a more limited standard, often an alimony award at trial will be very different from the temporary order. If particular, if the breadwinner spouse was violent and cheated on their spouse, they may get a favorable outcome at the postseparation stage, followed by a higher award at the alimony trial, where factors like cheating and violence from the breadwinner are considered.