Legal Question in Family Law in Massachusetts
Separate Support Action
What is the difference between a separate support action and divorce? Can a separate support action be as costly as a contested divorce? Does it protect the parties from debt acquired after the separation?
3 Answers from Attorneys
Re: Separate Support Action
A Separate Support Action is a court order requiring one spouse to provide support for the other spouse and/or their child. It doesn't alter the marital relationship at all. You are still married and not divorced. You are not protected against debts incurred.
There is no such thing as a "legal separation" in Massachusetts. You are either married or you're divorced.
Re: Separate Support Action
There is a minimal difference in the cost of a divorce or a separation suuport action because save for a decision of divorce, you will incurr all the same costs. It will not protect either party from marital debts, although there are other laws that prohibit anyone including spouses from incurring debts in the name of the spouse.
Good Luck.
Re: Separate Support Action
The primary difference between separate support and divorce is that separate support action does not end with a divorce. Most lawyers and judges consider this to be a waste of all tthe funds and rancor that are expended.