The decision to file for divorce is difficult for many women. The transition from financial dependence to that of main income earner might cause anxiety for women who have given up their careers to care for their family since they may not have the income or experience to go back into the workforce where they left off many years before. This is also applicable to “house husbands” in our modern society. This is why Temporary Spousal Support was established.
Temporary Spousal Support is defined as moneys paid to one former spouse to another former spouse during the divorce process in order to maintain the same standard of living as during the marriage. Temporary Spousal Support is requested through the court and is determined by the Judge, depending on local laws and a few deciding factors. A court order or written agreement is required for spousal support to be tax deductible.
Generally the court will look at
The judge wants to be sure there is a valid need for support, and that by paying the support, the spouse who is paying will have the ability to pay for necessities. In California, the court normally does not look at other factors for immediate/temporary support. The goal is to temporarily maintain the status quo.
Courts will consider the following factors when deciding how much to allocate for payments:
The court will look at many other factors for long term support.
Of course you will have to apply for Temporary Spousal Support through the court, and it’s always best to consult with a family law attorney to help you though the process. A Judge will have to review the request, so you want to be sure all documentation and records are prepared to justify your request for support.
At the office of Charles D. Stark, Attorney & Counselor at Law, we have over 40 years’ experience helping people through the difficult process of divorce. Call us today at 707-623-1157 or contact us online to take the first step.