If you and your spouse have decided to separate or divorce, one of you may be planning to move out. While it is common for one spouse to move out after separation, in many cases it presents a financial problem.
Where there was once one household being maintained on your family income, there are now two households that have to be paid for. This means that rent, utilities and other household costs will have to be paid for the spouse who moves out. In many cases, one spouse will need spousal support after the physical separation in order to meet these costs. Temporary spousal support can be awarded to this spouse, to help them meet their living expenses while the divorce is worked out. Because a California divorce will take at least six months, and could stretch on for over a year, temporary spousal support is very important.
If you have commenced the divorce process and have concerns about meeting your financial needs while the divorce is finalized, speak to a California family law attorney right away. An attorney can help you request temporary spousal support as soon as possible.
How Do I Get Temporary Support?
To get temporary spousal support, you must first open up your divorce case by filing a petition and summons and serving the other spouse with them. If these have already been filed and served, you can file a motion for an Order to Show Cause. This will set a hearing in place where you will present your request for spousal support in a proposed order for temporary spousal support. At the hearing, the judge will decide on the amount and, once signed, the order for temporary spousal support will be enforceable and you can begin the collection of payments.
If you have moved out or your spouse has been ordered to move out due to a domestic violence issue, you may be able to request temporary support in conjunction with the domestic violence restraining order that will be put in place.
How is Temporary Spousal Support Calculated?
Temporary spousal support is calculated based off of the financial need of the supported spouse, however will generally not exceed 40% of the supporting spouse’s income, minus 50% of the supported spouse’s income, if any. Temporary spousal support expires once the divorce is finalized, at which point long-term spousal support orders may be put in effect.
Are you in the Los Angeles area and have questions about requesting temporary spousal support? Certified Family Law Specialist Mark H. Karney has experience handling spousal support issues in Los Angeles County. Attorney Mark H. Karney can help ensure you get the support you deserve as soon as possible. Call our Los Angeles office at 310-622-9434; email us at firstname.lastname@example.org or contact us through our online form to schedule your free consultation with one of Los Angeles’s premier family law attorneys.