Property Division and Alimony
Property and Debt Division
Although fault grounds affect the Court's distribution of property and debt during a contested legal battle, fair distribution and resolution can often be achieved through negotiation between the two parties and approved by the Court.
If the parties can agree to an amicable property and debt division, as well as child custody and support, then a voluntary agreement can be drafted, executed and approved by the Court. Once this is done, both parties can be relieved of unnecessary anxiety leading up to the final divorce hearing.
If, however, the parties cannot agree on these issues, then an action can be filed for "separate maintenance."
Separate Maintenance
Separate maintenance was first recognized in the 19th century, even before divorce was allowed. Today, separate maintenance is a temporary order of property and debt division, as well as child custody and visitation, often resolved by the two parties during a legal separation while awaiting a separate divorce hearing at the appropriate time. The parties will not be divorced.
Alternatively, if neither a divorce agreement can be reached, nor an action for separate maintenance is instituted, a trial is conducted and the Family Court issues its Order resolving the outstanding issues at the same time that the divorce is granted.
Alimony
A single act of adultery, even after separation, bars the award of spousal support.
Alimony, more properly known as "spousal support", is sometimes awarded in divorce cases. Entitlement to spousal support is gender neutral by law, meaning that either party may be entitled to its award.
Spousal support is not automatic, and is not awarded in all cases. The Court considers many factors before awarding spousal support, and each case is determined on its own merits.
We’ll be happy to discuss spousal support in detail with you during an in-office consultation.
Be forewarned: An "adulterous spouse" is totally barred from receiving spousal support of any type or amount. Even a single act of adultery, even after separation, bars the award of spousal support.
Frequently Asked Questions
Property Distribution
- What does the court consider in property distribution?
- I owned my home before we got married
- How do I prepare a Financial Declaration?