Alimony and child support during a separation

The financial impact of separation can be significant for individuals in New Jersey. One of the biggest challenges a married couple with children faces is how to financially support their children after separation. Contrary to popular belief, child support is not only determined when there is a divorce. If spouses choose to end their marriage, if two people were never married or even if they opt to separate legally, parents have an obligation to support to their children.

Creating a separation agreement

Separated individuals can receive spousal and child support during a legal separation. A separation agreement is a contract written between the spouses. The agreement is signed and notarized, making any terms agreed upon legally binding for each spouse. This is effectively a legal separation. The separation agreement addresses issues that would typically be dealt with in a divorce case. This includes things like alimony and child support. If the separated parties decide to divorce in the future, there is typically some language in the separation agreement indicating that the terms of the spousal agreement will carry over into the divorce.

Alimony, child support and trial separation

Spouses may decide to live apart in an informal agreement called a “trial separation.” They must determine how to handle child custody and child support issues. If some of the agreed-upon issues, like child support or alimony, are violated, couples may not have immediate legal recourse during a trial separation.

Dividing debts and responsibilities in a legal separation, similar to divorce, can be a challenging process. If there is more clarity on handling matters such as alimony and child support, it will be easier for all parties involved to address the difficulties associated with legal separation.