Can I receive alimony while my divorce case is pending?

Divorce is a stressful experience. Even more so if you are a parent with children living with you and your spouse has moved out and stopped supporting you financially. This is a common scenario, and my clients ask if they can receive alimony Even before the divorce case is finalised. The good news is that it is possible, but you must act.

My spouse has left me, what can I do to receive alimony during my divorce case?

At the outset, I would like to point out that this blog post is as much about maintenance for the parties' joint children as it is about spousal maintenance.
During the divorce case The Court may be required to order the other party to pay alimony throughout the divorce proceedings (which in extreme cases can drag on for years). What needs to be done for this to happen? This is discussed below.

Securing maintenance

In the course of a divorce case, it is possible to request what is known as a 'divorce petition'. securing maintenance. An appropriate request may be made as early as sue. However, if this is not done immediately, the application can be made at a later stage of the proceedings.
A claim for maintenance must be substantiated in the application. What does this mean? Nothing more than an indication of the justified needs of the entitled party (i.e. the minor children or the spouse demanding maintenance for himself/herself) and the earning capacity of the obliged party (i.e. the other spouse). These circumstances are most often indicated in the petition for divorce, so when applying for securing maintenance separately it is sufficient to refer to these issues.

The court has secured alimony for the divorce, but the spouse is not paying it, what now?

If, despite the Court's order securing alimony, your spouse does not pay it voluntarily, in their execution will help you bailiff. It should be borne in mind that the court will ex officio grant an enforceability clause to the alimony freezing order, which means that it allows the holder of the order to enforce his or her claim in principle immediately.
The freezing order is appealable, which means that the person obliged by the court to pay alimony during the divorce proceedings may file a complaint (which, however, does not stop the possibility of immediate enforcement). For more on this topic, please see the following text by a solicitor cooperating with our law firm Marta Lampart. If you want to find out more about how to challenge such an order see here Of course, maintenance security is established for the duration of the proceedings. However, in divorce decree The court will decide on the alimony and, once the judgment becomes final, it will be the basis for enforcement.

Do you need additional legal assistance? You have questions about your divorce, email me!