How is Temporary Spousal Support Determined?

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.

What is Temporary Spousal Support?

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.

Factors Determining Temporary Spousal Support

Generally the court will look at

  • Each former spouse’s financial situation
  • The recipient spouse’s need for support, and
  • The ability of the other spouse to pay support to the one in need.

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.

Factors Determining the Amount of Support

Courts will consider the following factors when deciding how much to allocate for payments:

  • The relative incomes of the parties
  • Which spouse is paying community obligations
  • The age, physical condition, emotional state, and financial condition of the former spouses, if extraordinary
  • The ability of the other spouse to pay and support themselves as well

The court will look at many other factors for long term support.

Contact a Santa Rosa Family Law Attorney

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.

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