Precautionary alimony is a type of alimony that is ordered to prevent the spouses from falling into temporary poverty while a divorce or separation lawsuit is filed, to prevent the spouses from falling into temporary poverty until the case is concluded.
To request temporary alimony:
A divorce or separation case must be filed.
The spouse with a weak financial situation must prove that the other spouse does not have sufficient financial means and will fall into poverty.
During the continuation of the marriage union, property must not be shared between the spouses.
When does temporary alimony end?
It ends with the conclusion of the divorce or separation case.
Alimony ends upon the remarriage of the obligee spouse.
Alimony ends when the financial situation of the obligee spouse improves.
How is the amount of precautionary alimony determined?
The amount of provisional alimony is determined by the judge. The judge takes the following factors into consideration when making this assessment:
Financial situations of spouses
Property acquired during marriage
Children’s care and education expenses
Employment status of spouses
Living standards of the region
How to file a precautionary alimony case?
The precautionary alimony case can be filed together with the divorce or separation case or as a separate case. The case is filed in family court. When filing a lawsuit, evidence showing the basis for the alimony request must be presented.
Some important points about temporary alimony:
Precautionary alimony is a type of temporary alimony. After the case is concluded, the court may order permanent alimony under the name of poverty alimony or alimony.
If the alimony is not paid by the alimony debtor, it can be collected through enforcement.
It would be useful to consult a lawyer in disputes regarding temporary alimony.