I would like to know if my husband closes our joint checking and savings accounts during our seperation what are my legal rights to spousal maintnance, if I haven't submitted legal seperation documents?
1 Answer from Attorneys
Re: legal seperation
Spousal maintenance, also known as alimony, is based on the recipient's need and the payor's ability to pay. The fact that your spouse closed checking and savings accounts will likely not affect whether the Court will order spousal maintenance, unless the Court finds that it increases your need for spousal mainenance.
Either a Petition for Dissolution of Marriage or a Petition for Legal Separation must be filed to request spousal maintenance from the Court.
Absent a Court order, your spouse would need to agree to pay you spousal maintenance, and it would be wise to document such an agreement in writing in a Separation Contract.