Can I make my husband pay me spouse support while we’re separated?

If so, what or how do I go about this? There is no divorce yet pending.

Asked on June 4, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you file for divorce, then you can ask the court to impose temporary orders while the divorce is pending.  Part of your request for temporary orders can include a request for spousal support.  Considering the length of time you and he have been married, you may be eligible.  
If you don't file for divorce, then any payments by him will be at his mercy.  If you want something enforceable, then you will have to obtain the temporary orders.  Spousal support can also be withheld from checks like child support. 
If you think that you may not want the divorce, you can still file for divorce, get the temporary orders, and then non-suit(dismiss) the divorce after you have reconciled.  If you do not reconcile, you simply proceed forward.  Your final request can include a request for spousal support to continue even after the divorce is finalized.

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