Difference Between Permanent and Temporary Spousal Support in California
Alimony can be given during and after a divorce. Here’s the difference between permanent and temporary spousal support in California.
Spousal support, often called alimony, is a spouse’s legal obligation to financially support their spouse. While temporary spousal support is given during a divorce, permanent spousal support is given after a divorce.
What is temporary spousal support?
Temporary spousal support is alimony given during a divorce. A spouse’s financial situation may be affected by the divorce. Temporary spousal support is awarded to “preserve the status quo”, meaning to ensure both spouses maintain their pre-divorce standard of living.
In a Request for Order, a spouse can request temporary spousal support. Based on the evidence provided, including an Income and Expense Declaration, a judge will either approve or deny the request for temporary spousal support.
How is temporary spousal support determined in California?
Courts need to consider only two factors when determining temporary spousal support in California:
- The needs of the supported spouse
- The supporting spouse’s ability to pay
If the supporting party has the ability to pay for the unmet needs of the supported party, then a judge will likely order temporary spousal support. When ordered, temporary spousal support is typically between 30-40% of the payer’s gross income. Nonetheless, courts carefully review all relevant factors when calculating temporary spousal support, including each spouse’s expenses and income.
Will permanent spousal support payments be the same as temporary spousal support?
No, the court is not allowed to rely on the temporary spousal support figure to determine permanent alimony payments. Determining temporary and permanent spousal support are two different processes. Under California Family Code 4320, courts must carefully review all relevant factors included in the permanent alimony guideline and cannot rely on a “spousal support calculator”. Temporary spousal support payments can be considered when determining permanent spousal support, but the court can’t rely on it.
What is permanent spousal support?
Permanent spousal support is financial support paid to a spouse after a divorce is final. This type of alimony is referred to as “permanent” only because it is paid after the divorce has been finalized, whereas temporary spousal support is paid while the divorce is ongoing.
How is permanent spousal support determined in California?
Under California Family Code 4320, there are nearly 15 factors that the court must consider when determining permanent spousal support. These factors include each spouse’s ability to maintain the marital standard of living, income, marketable skills, and the marriage’s duration. Permanent spousal support typically lasts half the marriage’s length and is 30-40% of the paying spouse’s income.
How long does temporary spousal support last?
Temporary spousal support is paid until the divorce is final. Support payments can last the entirety of the divorce, so anywhere from months to years. After a divorce is final, a spouse can be legally obligated to continue paying permanent alimony. A judge can order permanent spousal support if they believe the person paying support (PPS) has the financial ability to uphold the other spouse’s marital standard of living.
Do you have to pay spousal support during separation in California?
A judge can order one spouse to pay “temporary spousal support” or “temporary alimony” during the divorce process to ensure financial stability for both spouses. While temporary spousal support is not awarded in all divorces, a judge will decree an order if they believe the supporting spouse can meet the financial needs of the supported spouse.
Can an attorney help me with spousal support?
An experienced spousal support attorney can compile and present evidence in court to strengthen your request or denial for temporary spousal support. A spousal support order can significantly affect the financial well-being of both spouses, so it’s crucial to have an attorney protect your rights when it is being determined or modified.
Free Consultation With a Spousal Support Attorney in California
If you’re seeking temporary spousal support in California and need an attorney, contact us. Our attorneys specialize in helping women in spousal support disputes. We’ll get you in touch with the right attorney for your legal issue. Your first consultation is free. We’re here to help 24/7.