Spousal Support

Spousal support encompasses both post separation support and alimony. In order to receive spousal support, a spouse must first establish that he or she is a “dependent spouse” and the other spouse is a “supporting spouse.” A “dependent spouse” is a spouse, husband or wife, who is actually substantially dependent upon the other spouse for his or her maintenance and support or is substantially in need of maintenance and support from the other spouse. A “supporting spouse” is a spouse, husband or wife, upon whom the other spouse is actually substantially dependent for maintenance and support or from whom such spouse is substantially in need of maintenance and support. Unlike an absolute divorce proceeding, marital fault may be considered in an alimony and/or post separation support hearing