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Spousal support comes in two forms, alimony and post separation support. Alimony is long-term spousal support that is meant to attempt to keep the supported spouse’s lifestyle during the marriage the same as much as possible. Post separation support is temporary support and is only in place until alimony is set or denied. The courts can exercise discretion, but will generally consider the length of the marriage, the employment history and earning potential of you and your spouse, and any existing marital agreements between parties.
Marital misconduct can come into play with spousal support as to raise, lower, or be a bar to any spousal support. It is vital to raise these defenses or factors to ensure the spousal support award is proper.
