Precautionary alimony is requested for the period between the divorce case being filed and the decision being finalized.
Those Who Can Request
- The spouse who filed the lawsuit (for himself)
- The spouse who temporarily received custody of the child
- The spouse who remained poor
Amount
- The court evaluates
- Spouse income-expense
- Number/age of children
- Generally proportional to monthly income
Process
- Request for injunction in the divorce petition
- Court early decision
- If enforcement proceedings are necessary
- Ends with a divorce decision
Post-Divorce
- Precautionary alimony → permanent turns into alimony
- Participation (for the child) and poverty (for the spouse)
Supreme Court 3. HD
3. HD accepts that the alimony must be "immediately effective" and that failure to pay will lead to imprisonment.
Family law lawyer is recommended.