Q:

What is post separation support?

A:

One of the reasons for filing for divorce is so that the court has the power to award temporary support until the divorce is final. Tennessee courts have the power to award temporary alimony while the divorce is pending. In most divorces, the goal of temporary support is to make sure that the status quo is maintained and existing bills are paid.

Q:

Can I be awarded alimony before the divorce is final?

A:

Maybe. During the process of the divorce, temporary alimony may be awarded. This is accomplished by a hearing on a motion for temporary support, commonly described as pendente lite support. Temporary alimony order ends when the final judgment for divorce is entered.

Q:

How long does it take to get temporary alimony?

A:

That depends on the county and the court procedure. In some counties, temporary support hearings could be set within a few weeks. In others, it can take months. You can check your court’s website for more info.

Q:

How is the amount of temporary alimony determined?

A:

There is no exact formula for calculating alimony. The court finds a solution on a case-by-case basis. During that process, the court will consider the ability of one spouse to pay; and will consider the needs of the other spouse to whom temporary alimony will be paid.

Q:

Can you give an example of temporary alimony?

A:

A court will determine what bills must be paid, what child support should be awarded, and allocate monthly obligations between the parties. If the supporting spouse has any money left over, the court may give temporary alimony to the other spouse. This money is to help with living expenses.

Q:

Does dating affect temporary alimony?

A:

It can definitely make an impact on receiving temporary alimony. It could go into question that the spouse’s significant other is giving financial support which would mean that temporary alimony would no longer be needed.

Q:

Must a divorce be filed before temporary alimony can be awarded?

A:

Yes.

Q:

Can a supported spouse get attorney’s fees when seeking temporary alimony in Tennessee divorce law?

A:

Yes. Tennessee’s alimony statute provides for an award of attorney’s fees. In fact, under Tennessee law the attorney’s fees for divorce are considered part of the alimony award and not part of the property division.