Also known as:limited-duration support · temporary support · rehabilitative alimony
Written by attorneys · grounded in primary & secondary sources — see below
Temporary maintenance or support awarded in a proceeding for dissolution of marriage or legal separation, including when the court lacked personal jurisdiction over the absent spouse. The motion must be accompanied by an affidavit setting forth the factual basis for the motion and the amounts requested.
Sources & Authorities· 2 primary sources
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Uniform Acts
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How it applies
Common Examples
2
Temporary Maintenance Motion Filed
Landon Long and Layla Lane filed for dissolution. Layla moved for temporary maintenance with a sworn affidavit detailing her reduced income and Landon's higher earnings. The court granted limited duration support to cover Layla's needs pending final orders.
Support Sought After Jurisdictional Gap
Lars Lindstrom and Lucia Lopez ended their marriage. Lucia petitioned for legal separation and requested limited duration support, attaching an affidavit showing her contributions to the household and Lars's greater financial resources. The court awarded the support even though it initially lacked personal jurisdiction over Lars.
Sullivan v. Burkin390 Mass. 864, 867, 460 N.E.2d 572 (1984)
Common questions
Frequently Asked
1
Does lack of personal jurisdiction over the absent spouse bar temporary or limited duration support?+
No. The statute expressly allows a motion for temporary maintenance or child support even when the court lacks personal jurisdiction over the absent spouse, provided the motion includes a supporting affidavit.
453 A.2d 527 (N.J. 1982)Family Law
…v. Khalaf , 58 N.J. 63, 69 (1971). We have recently recognized the relevance of these concepts in accepting the notion of rehabilitative alimony, which is consonant with the basic underlying rationale that a party is entitled to continue at a customary standard of living inclusive of costs necessary for needed educational training.…