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Your attorney will file a Summons and Complaint asking the court for an Order of Separate Maintenance and Support, along with a Notice and Motion for Temporary Relief. All pleadings are then served on your spouse, who will then have an opportunity to respond by filing an Answer that may also contain counterclaims.
Although no one is automatically entitled to spousal maintenance, there is a common-law duty imposed upon all spouses to support one another during and after any marriage or civil partnership.
If you're in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
Impact of Cohabitation on Alimony Under California law, there is a rebuttable presumption that alimony can be reduced, and possibly terminated when the supported spouse is cohabiting with someone else.
Canada has no-fault divorce law. This means the reasons the marriage ended do not affect a spouse's legal obligation to support the other spouse following a divorce.