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When may a spouse apply for temporary support?

On Behalf of | Nov 10, 2021 | High-net Worth Divorce, High-net Worth Spousal Support |

A legal separation or divorce filing may result in the court awarding a soon-to-be ex-spouse temporary spousal support. As noted on the Judicial Council of California website, a judge could order a spouse to provide financial support while a couple finalizes their divorce.

The formula used to determine a payment schedule involves several issues. Judges will look at how much each spouse earns at the time of filing. They may also consider individual earning potential after the divorce.

Factors in determining temporary support payments

The amount of time a couple remained married can help determine a realistic support schedule. If both spouses work, a judge will review how much each earned. This may show an ex-spouse’s ability to maintain the same standard of living as a single individual.

When a spouse did not work, the court often considers factors such as a couple’s children. Giving up a career to stay home and raise children, for instance, has value. The court may order a working spouse to provide temporary support until a nonworking spouse can find steady employment in his or her field.

Temporary support may include conditions

Judges sometimes award temporary financial support based on a spouse meeting certain conditions. In one high-profile divorce, a judge ordered an individual to temporarily pay his ex-spouse nearly $300,000 in monthly support payments, as reported by Essence.com. The temporary alimony schedule only lasts until his ex-spouse remarries.

When couples file for divorce, a Golden State court can arrange for temporary financial support. Before issuing a divorce decree, a judge may review the temporary arrangement and award permanent support based on age, health and the ability to earn income.