An action for separate support alleges that one spouse has the ability to support the family but is not doing so. An action for separate support can be brought by a spouse, a guardian of a minor child, or the Department of Transitional Assistance if the family receives public benefits. It provides for the enforcement of legal duties of the couple while the marriage continues. If you live apart from your spouse, you can start an action for separate support by filing a Complaint for Separate Supportin the Probate and Family Court. If you do not live physically apart from your spouse, you can still bring an action for separate support in the Probate and Family Court.

There is a filing fee for an action for separate support, but the filng fee can be waived for low income people who file an Affidavit of Indigency that is approved by the court. No other actions for annulment or divorce or separate support can be pending at the time you file for separate support. Your spouse must be personally served with the complaint. This means that (s)he is hand-delivered the summons.

ou must be able to prove one of three grounds:

  • The other spouse has failed to provide suitable support.
  • The other spouse has deserted the person filing the action.
  • That there is justifiable cause for living apart even if the spouses are not currently living apart.

The separate support action does not allow the parties to marry someone else. They can later file for a divorce which will replace the separate support order. In a separate support action, a Judge can enter orders concerning minor children, spousal support, and the equivalent of a restraining order. The Judge can also order one spouse to vacate the marital home for 90 days if it is in the children’s best interests. The division of property and any debts of the two parties cannot be dealt with through a separate support action.

Quincy divorce lawyer, Attorney Bruce Watson has offices located in Quincy, He serves the entire South Shore region of Boston, including Braintree, Bridgewater, Brockton, Cohasset, Dedham, Duxbury, Hanover, Hingham, Marshfield, Milton, Needham, Norwell, Norwood, Pembroke, Scituate, Quincy, Wareham, Wenham, Weymouth and the entire Boston South region. Finding the best alimony attorney to handle your particular case can be stressful and time consuming. Call Attorney Watson today.