My wife wants to separate, but doesn’t want to divorce so she can still receive my benefits. Do I owe her any maintenance or alimony while we are separated or do I only have to pay that if we get divorced?
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
In New Jersey, where I practice, when a party is separated the spouse may file a motion for separate maintenance, which is just like alimony. Separate maintenance allows her to be able to support herself during the separation.
Remember, I am unable to provide you with anything more than divorce tips, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.