The Process of Spousal Support After Separation
Introduction
Spousal support after separation can often be a contentious and emotionally charged issue. It's critical to understand the process and the steps needed to ensure a fair outcome for all parties involved. This blog post will discuss the importance of prompt action, the evidence required for a motion, and the best practices to protect your position.
The Importance of Prompt Action
The longer a recipient spouse goes without spousal support after separation, the harder it will be to establish a need for support. Therefore, an interim motion for spousal support should be commenced as soon as practicable. These motions can even be brought on an emergency basis if necessary. Where no application has been commenced, or there is some other impediment to bringing such a motion, a written request for spousal support should be made as early as possible. Following the initial request, it should be consistently followed up until it is either agreed to or addressed by the court.
Evidence for the Motion
If an agreement for temporary spousal support is not forthcoming and a motion must be brought, it's crucial to ensure that the client’s affidavit is thorough and fully supports the order being sought. This includes clear entitlement to support—an explanation of why spousal support should be payable, such as financial need or lifestyle and roles adopted during the marriage. In addition, the incomes of both parties should be discussed, and any reasons why income should be imputed or the client's ability to earn an income should be included. Lastly, calculations supporting the spousal support order that is being sought should be included as exhibits.
Best Practices to Protect Your Position
It is also best practice to serve an Offer to Settle as early as possible to protect the client’s position on costs. This proactiveness not only ensures that you are prepared for any eventualities but also shows your willingness to settle the matter amicably. Remember, the key to navigating such a sensitive issue is being well-prepared, proactive, and guided by legal counsel.
Conclusion
Understanding the process of spousal support after separation can be overwhelming, but with the right approach and information, it doesn't have to be. The key points to remember are acting promptly, preparing thorough evidence for the motion, and following best practices to protect your position. With these in mind, you can navigate the process more confidently and ensure a fair outcome for all parties involved.
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