Do I pay alimony during the divorce separation period?

Question:

Do I have to start paying alimony from the day I move out even if we haven’t filed divorce yet?

If so, if I overpay what I’m expected to pay will that be taken into consideration by the court?

Answer:

I can provide you with some general knowledge regarding the divorce process. Alimony, or spousal support/spousal maintenance, is usually court ordered.

This means that you should not have to start paying alimony to your spouse immediately upon moving out unless it is ordered by a judge. A judge will take into account the parties’ financial information and expenses to determine whether spousal maintenance is appropriate in your situation.

Spousal maintenance may be temporary ordered for an indefinite period of time depending on the circumstances. In some cases, there may not be a need for spousal maintenance.

I recommend seeking further legal advice. Cordell & Cordell has attorneys licensed and located in 18 states who can provide a more in-depth analysis of your current situation.

 

Erin E. Clark is an Associate Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Clark is licensed to practice in the states of Texas, Kansas and Missouri. Ms. Clark received her Bachelor of Science degree in Journalism, cum laude, from Texas Christian University. She later received her Juris Doctor from Texas Wesleyan University School of law, where she was an active member of the Law Review.