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Temporary Spousal Support in CA Divorce

What Is Temporary Spousal Support in California?

Temporary spousal support refers to court-ordered payments one party must make to another while a family law case is ongoing. A person can request temporary spousal support orders be issued during their divorce, legal separation, or domestic violence case.

Spouses can agree on an amount for the temporary payments and submit that to the court. However, if they cannot agree, the court will determine what is an adequate payment.

The Difference Between Permanent & Temporary Spousal Support

While temporary spousal support aims to help you with expenses during your divorce, permanent spousal support is awarded after your divorce is finalized. Permanent alimony is also awarded based on more specific factors, including:

  • The length of the marriage
  • The standard of living established during the marriage
  • Each party’s ability to maintain their standard of living
  • Each party’s debts and assets
  • Each party’s contributions to the marriage

Both temporary and permanent spousal support can be modified. It is also important to note that both temporary and permanent spousal support can end. Temporary alimony will end once a divorce is finalized, and permanent alimony can end if:

  • The recipient remarries
  • The recipient or payee dies
  • Either party experiences a significant change in circumstances
  • The court set a predetermined length of the spousal support and the deadline passes

How to Request Temporary Spousal Support

If you are in the middle of a divorce and need spousal support, you can complete and file a Request for Order (i.e. form FL-300). You will need to complete the Facts to Support section, which asks you to explain why you need spousal support and the facts that support your request.

You will also need to complete the Income and Expense Declaration form and attach documents that support your claim (i.e. bills, a letter from your employers, previous tax documents, etc.). To file your documents, you will need to submit the original documents and two copies to your local court clerk and pay the filing fee. After the documents are filed, ou will receive a hearing date during which a judge will decide whether to grant your request.

Consult with Our Attorneys

At Fenchel Family Law PC, our attorneys offer each client personalized attention and solutions. Once you retain our services, we can discuss whether you will need temporary and/or permanent spousal support, and we can help you file for temporary support. Our firm is known for offering wise and compassionate counsel and guidance, and you can trust our team to support you from the start to fine of your case.

Learn more about how we can help you by contacting our firm online or calling (415) 805-9069 today.