Can a person file for spousal support while being married and separated? 13 Answers as of February 12, 2013

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Peyton and Associates | Barbara Peyton
You can file for spousal support but only after papers have been filed for a divorce or legal separation. Otherwise, the court doesn't have the power to make orders for support.
Answer Applies to: California
Replied: 2/12/2013
Brimley Family Law
Brimley Family Law | Matthew Brimley
Yes, you can file a Petition for Legal Separation and request temporary orders, including spousal support.
Answer Applies to: Utah
Replied: 2/12/2013
The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
Yes, in fact spousal support is the term most often used for support paid from one spouse to another while they are still legally married. You would have to file in your family court for spousal support.
Answer Applies to: New York
Replied: 2/12/2013
Law Office of Eric S. Lumberg | Eric S. Lumberg
In some situations, you can file for maintenance while separated. Consult with an attorney in the state that you live to discuss further.
Answer Applies to: Michigan
Replied: 2/12/2013
Marion E. Ellington, Jr. Attorney at Law, PC
Marion E. Ellington, Jr. Attorney at Law, PC | Marion E. Ellington, Jr.
Yes, permanent or temporary spousal support can be granted in either a legal separation petition or a petition for divorce.
Answer Applies to: Georgia
Replied: 2/12/2013
    S. Joseph Schramm | Joseph Schramm
    A person may file for spousal support if separated even though no divorce action has been filed. The amount of support awarded, if any, depends on the relative economic positions of the parties the duration of the marriage the employability of the spouses, their ages and any health issues involved.
    Answer Applies to: Pennsylvania
    Replied: 2/12/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    Yes, there can be a legal separation.
    Answer Applies to: Georgia
    Replied: 2/12/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, you can file for support if you are separated.
    Answer Applies to: California
    Replied: 2/12/2013
    John Russo | John Russo
    Not unless it is part of a divorce petition or a legal separation action.
    Answer Applies to: Rhode Island
    Replied: 2/12/2013
    Kalil & Eisenhut, LLC | Michael N. Kalil
    Yes. You can file for support in Family Court.
    Answer Applies to: New York
    Replied: 2/12/2013
    Carey and Leisure | John Smitten
    Yes. It is called an action for seperate maintenance.
    Answer Applies to: Florida
    Replied: 2/12/2013
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