(Note: In this section, the wife is referred to as the spouse receiving spousal support for convenience only. It should be understood that husbands can also request and receive spousal support from their wives.)
Can I get temporary spousal support while our case is pending?Spousal support is often awarded at an Order to Show Cause on a temporary basis, where one spouse is unemployed or earning significantly less than the other spouse.
The Superior Courts of Orange and Los Angeles Counties have adopted a spousal support guideline for use in setting temporary spousal support. This guideline requires that the husband’s spousal support is 40% of his net monthly income, reduced by one-half of the wife’s net monthly income.
Where child support is being paid, the guideline level of child support is first calculated. Then, spousal support is determined.
How does a judge determine spousal support at the time of the trial?
At the trial of the dissolution, the California Family Code provides the judge with a long list of factors that are to be considered in determining the amount and duration of spousal support.
This list includes such factors as the length of the marriage, the parties’ prior living standard and to the extent to which the supported spouse contributed to the:
- attainment of an education or professional license by the other spouse;
- presence of young children in the home; and
- employment opportunities available to the spouse requesting support.