Whether or not you have filed for divorce, spousal support is available to the spouse with the lower income once one party leaves the family residence.
This is done by filing for spousal support at your local Domestic Relations office. Spousal support may also be available if you have filed for divorce, but are living in the same home, when both spouses are not sharing household expenses in relation to their income.
After divorce is filed, it is called alimony pendente lite. If there are no children, you are entitled to seek forty percent of the difference between your two monthly incomes for support. This will be offset by healthcare premiums either party pays on behalf of the other as well as a mortgage deviation.
For the mortgage, the individual living in the home is responsible for the mortgage up to 25% of their income. Over that amount, the parties share the remaining in relation to their relative incomes.
All other debts are irrelevant. When determining net income, only deductions for taxes, healthcare, and union dues are permitted. Any bonuses, commissions, reimbursement for car /phone/gas/etc are also included as income.
If you have children, there is a statutory calculation. Any child support you receive is added to your income, and reduced from the paying spouse to get your relative cash flow incomes. Then, for spousal support, you are entitled to an additional thirty percent of any difference in the incomes.
Call our office for a consultation to discuss your concerns. We can evaluate your facts, run the numbers, and offer a legal analysis of your best approach.