It is usual for the spouse with the greater earning capacity, or the spouse who has furnished the lifestyle of the marriage, to provide support for the other. Usually, once the parties separate, the spouse with the greater earning capacity will voluntarily provide either a temporary support amount or will voluntarily “keep up” with the bills.
If not done so voluntarily, the attorney representing the needy spouse will venture into Court, seeking temporary relief. At this point, a Judge will assess the earning capacity and the needs or the parties and will order support.
Prior to any temporary support hearing, very often the parties will go into mediation, and a mediator will try and facilitate settlement of support issues. In Palm Beach County, this process is mandatory.
Audrey B. Schneiderman is a managing member of the Law Office of Feldman & Schneiderman. She has been practicing law for 12 years.