San Jose Divorce Lawyer

Temporary Maintenance for Separated Spouses

Spouses who wish to live apart, either as a method to mend their marriage or step towards ending it, have the option of filing for a legal separation. A legal separation means that a married couple will cease to cohabitate a residence as mandated by a court order or a written agreement reached by both parties.

Receiving Support During Separation

Part of the agreement or court order can require that one spouse provide support to the other during their period of separation. This is called temporary maintenance.

Enforcing the Agreement

The spouse required to pay the temporary maintenance, also called alimony pendente lite, can be held in contempt of court if they fail to do so. A legal separation is enforceable by the court. Should the paying spouse fail to provide the support steps can be taken to enforce the payments. This includes garnishing wages and bank accounts.

Tax Deductions

A legal separation is necessary if the spouse paying support wishes to claim a tax deduction for the temporary maintenance. If a deduction is given to the supporter for the amount paid, then the same amount will be treated as taxable income to the recipient. The payer needs a written agreement or court order so that the payments of support can be eligible for deduction.

If you are seeking a legal separation and wish to either be provided temporary maintenance or receive a tax deduction for maintenance you will be paying, you need the advice of knowledgeable family attorney.

A San Jose Divorce Lawyer Can Help

Contact San Jose divorce lawyer Daniel Jensen at 408-296-4100 for a consultation.