What should you know about asking for temporary spousal support?

On Behalf of | Dec 2, 2022 | Divorce

Separating finances and providing for yourself might stand as a significant challenge in your divorce proceedings. Perhaps your spouse was the breadwinner during your marriage, while you stayed home to raise your children. You may need time to adjust to your new financial situation and put yourself in a place to provide for yourself and your children if you have any.

If you need help while you get on your feet after a divorce, you may find it helpful to ask for temporary spousal support.

Getting a temporary spousal support order

According to the Judicial Branch of California, you will petition the court for spousal support, unless you have an existing agreement. This requires you to submit the necessary form, as well as financial documentation to support your request.

Determining whether to award

To determine whether to award spousal support, the court will consider several factors. Perhaps among the most important, the judge will take into account the needs of the requesting spouse and the ability of the other spouse to pay.

Calculating support amounts

The court will typically use the common temporary spousal support formula to determine if and how much support to award. This formula subtracts 50% of the lower earner’s monthly income from 40% of the higher earner’s monthly income. Based on other factors, such as medical bills and savings accounts, the judge may adjust the final award from the calculated amount.

If circumstances change, options exist to change the support amount or end the order. You may consider acting as soon as you assess the need for a modification to avoid situations, such as missed payments.

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