What is Temporary Alimony in California?
Temporary alimony refers to an order for support that comes during a legal separation, divorce, or even an annulment. For details, check Pinkham & Associates.
What is Temporary Alimony in California?
Spousal support or alimony can be a point of contention during a divorce proceeding, making the whole process lengthier and costlier.
In California, a spouse can claim to need temporary alimony during the course of the divorce proceeding. Before the termination is finalized or a final determination is made regarding the spousal support, the judge may approve a request for temporary support.
What Is Temporary Alimony?
Temporary alimony refers to an order for support that comes during a legal separation, divorce, or even an annulment after one spouse files such a request with the court. Once a spouse files a motion document called “Request for Order” with the California family court, a hearing is set.
Each party is required to file an Income and Expense Declaration in these motions to establish their respective financial status. is often ordered to try and maintain some semblance of what the spouses had going during their marriage. To put it simply, it helps preserve the status quo.
How Is Temporary Alimony Calculated In California?
California courts are required to consider the supporting party’s ability to pay and the needs of the supported party. When a spouse asks the court for a temporary alimony order, the decision needs to be made swiftly to ensure that the said spouse is not left impoverished. That’s why most judges use a fixed formula to calculate the amount of temporary.
Some cases, the court the temporary support by considering the “guideline” calculator that most divorce attorneys have in their office. A judge can look at this guideline calculator if they want, but they are not required to look at it.
Also, temporary alimony order can be modified if the requesting spouse can prove a substantial change in circumstances. It should be noted that as with any legal matter, there may be extenuating circumstances. The court may choose to simply ignore the standard formula and use a completely different approach. In addition, a couple may decide between themselves that they don’t need a court order for temporary alimony payments.
