When a marriage does not work, the couple may consider divorce their only resort. Some couples have considered legal separation to resolve their marital problems instead of a divorce. Unfortunately, many divorce cases have been rising since many couples filed for divorce amicably or fought legally to end their relationship.
These divorce cases are generally associated with alimony or separation maintenance. Many people are not aware of the differences between these terms. There are a few differences. If you wish to seek professional legal help regarding alimony or maintenance, it would be best to consult a Wisconsin alimony lawyer. This article covers the crucial differences between alimony and separation.
What is alimony?
Alimony is a type of financial support that the court orders for the spouse’s well-being. Alimony usually occurs after a divorce and is decided by considering multiple factors. Factors like the ability of each spouse to earn, gross income, length of the marriage, age, health, etc., would be evaluated by the court before finalizing alimony.
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There are many possible scenarios within which the payor would not be obligated to pay alimony. After the divorce, the alimony adjustments could be increased or decreased based on the standard of living and the involvement of a child. Alimony could be paid in a lump-sum manner, either in cash or assets.
What is separate maintenance?
Separate maintenance is also a type of financial support that the court orders for the spouse’s well-being. A couple does not have to be necessarily divorced to obtain separate maintenance support from the other. The factors considered before finalizing maintenance are similar to the ones in alimony.
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One can seek legal assistance from a divorce lawyer in Wisconsin if they want to be legally separated. When obligated to pay separate maintenance, the payor can only support their ex-spouse by paying cash. They cannot support the spouse by transferring assets or properties.
Difference between separate maintenance and alimony
The critical difference between alimony and separate maintenance is marital status. A couple can be married and expect to achieve financial support from their partner in separate maintenance. Whereas in alimony, the couple would have been divorced compulsorily.
Alimony is finalized only after or during the divorce. The couple has to be divorced to receive alimony support. While both terms are used for financial support, the mode of payment is different. Alimony can be paid in a lump sum and allows the payor to pay in assets or properties.
However, separate maintenance only allows the payor to pay in cash. One cannot transfer or pay the recipient in a mode of assets or properties. Also, separate maintenance could be recurring in monthly payments.