How is Temporary Spousal Support Decided in California?
If you are navigating a divorce in California, understanding how temporary spousal support works can help you prepare for the financial realities of divorce. Temporary spousal support is financial support ordered by the court while the divorce is still pending. Its purpose is to help the lower-earning spouse maintain, as closely as possible, the standard of living established during the marriage while the divorce process unfolds.
This is not the same as permanent (or “post-judgment”) spousal support, which is determined at the end of the divorce and considers a wider range of long-term factors.
How California Determines Temporary Spousal Support
The amount of support to be paid is determined by the court with a basic formula, which will look something like forty percent of the higher-earning spouse’s net income, minus fifty percent of the lower earning spouse’s net income.
Consider, for example, a couple where spouse 1 earns 10,000 dollars a month. Spouse 2 earns 2,000 dollars a month. A temporary spousal support order may look like 40% of 10,000 (4,000) minus 50% of 2000 (1000). So, the support order could be something like 4,000-1000 = 3,000 per month.
The purpose of this amount is to help bring the lower-earning spouse closer to par for the lifestyle they had been living. With a 3,000 dollars a month temporary spousal order, the lower earning spouse is now living off of 5,000 a month. This is a step down from the combined $12,000 a month that the couple brought in together while married – but more than the mere 2,000 a month they would have if the temporary support order was not in place. Again, temporary support orders are meant to provide a bridge for lower-earning spouses to transition into their new lives post-divorce.
Other Considerations
Individuals facing divorce should also bear in mind that the court may look at other factors when determining temporary spousal support. The courts will not simply look at income, but will also consider expenses such as rent, bills, any job loss, healthcare issues, etc. It is important to remember that this support is “temporary.” Once the divorce is finalized, the court will reassess financial circumstances to decide whether permanent (or “post-judgment”) spousal support is appropriate.
California also allows spousal support provisions in prenuptial and postnuptial agreements. However, any such provisions should be reviewed carefully. The courts will review these provisions to ensure they are valid, fair, and entered into voluntarily.
Contact Cardwell Steigerwald Young, LLP
If you have questions concerning the specifics of your own potential case, contact the experienced San Francisco spousal support attorneys at Cardwell Steigerwald Young, LLP.
Sources:
selfhelp.courts.ca.gov/spousal-support/temporary
selfhelp.courts.ca.gov/divorce/spousal-support/taxes
