Spousal support or alimony can be a point of contention during a divorce, making the whole process longer and costlier.
In California, a spouse can claim to need temporary alimony during 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 during a legal separation, divorce, or even an annulment after one spouse files such a request with the court. A hearing is set once a spouse files a motion document called “Request for Order” with the California family court.
Each party is required to file an Income and Expense Declaration in these motions to establish their respective financial status. Temporary alimony or support 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 must consider the supporting party’s ability to pay and the supported party’s needs. When a spouse asks the court for a temporary alimony order, the decision must be made swiftly to ensure that the spouse is not left impoverished. That’s why most judges use a fixed formula to calculate the amount of temporary support.
In California, many family courts follow a standard formula when calculating monthly temporary alimony payments:
- 40% of the net income of the spouse who earns more
- LESS child support expenses
- LESS half of the net income of the spouse who earns less
In some cases, the court can also determine 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, a temporary alimony order can be modified if the requesting spouse can prove a significant change in circumstances. It should be noted that, as with any legal matter, there may be extenuating circumstances. The court may ignore the standard formula and use a completely different approach. In addition, a couple may decide that they don’t need a court order for temporary alimony payments.
