How will a legal separation agreement or a separation order affect my rights or obligations while my divorce is pending?
The terms of a separation agreement can affect the rights or obligations of the parties during the divorce proceedings. For example, many courts will not award alimony during the divorce proceeding if the separation order did not include an alimony provision. Similarly, if a separation agreement provides for temporary alimony (sometimes called provisional alimony, alimony pendente lite, or allowance pendente lite) while the divorce is pending, the court will not award temporary alimony. Unless the terms of a separation agreement are “unconscionable” or there is a “substantial change in circumstances,” courts are generally precluded from modifying the terms of a separation decree. Parties should clearly identify all duties and obligations and indicate if any rights in the separation agreement are intended to survive the divorcee decree, supplement the divorce decree, or compliment the divorce decree. If the court finds the separation agreement “unconscionable,” it may ask the parties to
