When Can I Get Spousal Support in California?
Ending a marriage can create financial havoc for a spouse who has been at least partially dependent on the other spouse throughout the marriage. While this is of course the case after the divorce, this financial stress can begin as soon as one of the spouses decides to pursue a divorce, especially when that means one spouse moves out of the home or financial support is otherwise cut off. A California divorce decree will not be handed down for at least six months from the time an action is filed, and “permanent” post-divorce spousal support will not be awarded until that time, but, fortunately, California provides temporary spousal support for dependent spouses throughout the divorce process.
How to Obtain Temporary Spousal Support
Again, temporary spousal support is meant to provide financial assistance from one spouse to the other spouse throughout the duration of the divorce process, which can take at least six months and often significantly longer, but the requesting spouse must go to court to have a judge issue a temporary spousal support order.
Your family law attorney should request temporary spousal support as soon as possible after the filing of the divorce action, and should file the request at the same time as the action if you are the one filing the petition for divorce (temporary spousal support is available regardless of whether you or your spouse filed the petition for divorce).
Both spouses will be required to provide the court with comprehensive and accurate financial information relating to income, financial holdings, and expenses, and the spouses will later attend a hearing before the judge. Although the court looks at a variety of factors in determining whether to award post-divorce spousal support, in looking at temporary spousal support, it will generally just look at the respective incomes of both spouses and feed those incomes into a formula which will result in a temporary spousal support payment.
Get Help From California Family Law Attorneys in Your Spousal Support Matter
The family law attorneys at The Law Offices of Omar Gastelum and Associates, PLC, with offices in Los Angeles and Newport Beach, have many years of experience representing men and women in seeking and responding to spousal support requests, and are dedicated to obtaining the best possible outcomes for their clients. For help with spousal support or any other family law matter, contact our office today to schedule a consultation.
