Blog

What Is Temporary Alimony In California

What Is Temporary Alimony In California

Table of Contents

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.

About the Author

Mr. Moshtael is a leading family law attorney with extensive experience handling high-net-worth and complex divorce cases. Known for his commanding courtroom presence and unwavering advocacy, he is committed to protecting his clients’ interests at every stage of the legal process. Mr. Moshtael proudly represents individuals and families across Orange, Los Angeles, Riverside, and San Bernardino Counties.

Call our office or contact us online today to schedule a consultation.

The Moshtael Family Law Team

Get to Know Your Attorneys!

Portrait of Navid Moshtael, Orange County divorce attorney

Navid Moshtael

Founder/Principal Attorney

Portrait of Brett Gover, Orange County Divorce Attorney

Brett Gover

Managing Attorney

Winiviere Sy - Orange County Family Attorney

Winiviere Sy

Senior Attorney

Charles Major - Orange County Family Attorney

Charles Major

Senior Attorney

Reza Bayat

Senior Attorney

Elizabeth Heiner

Senior Attorney

Zina Gleason

Senior Attorney

Portrait of Tatiana Doran, family law attorney

Tatiana Doran

Senior Attorney

Racquelle Vasquez - Orange County Family Attorney

Racquelle Vasquez

Senior Associate

Madalyn Ameche

Associate Attorney

Portrait of Polina Zohrabi, Orange County family law attorney

Polina Zohrabi

Associate Attorney

Portrait of Dan Knowlton, family law attorney of counsel at Moshtael Law

Dan Knowlton

Of Counsel

Request a Consultation

We’re here to help. To request a consultation, simply fill out the form below or call one of our office numbers to speak with our team.

Personal information

1
Next Step
2
Last Page
Full Name *
Email Address *
Phone Number *

Case Details

1
Next Step
2
Last Page
Case Status
Type of Issue
Case Number
Preferred Method of Communication *

By entering your phone number and selecting “Send Message,” you consent to receive phone, SMS, or email communication from Moshtael Family Law. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance.

Orange County Office

17682 Cowan
Irvine, CA 92614

714 - 909 - 2561

San Diego Office

3990 Old Town Ave Suite. C105 San Diego, CA 92110

619 - 639 - 9898

Call Us Today

Irvine

17682 Cowan
Irvine, CA, 92614

714 - 909 - 2561

San Diego

3990 Old Town Ave # C105
San Diego, CA 92110

619-639-9898

Please enter your name, phone number, and any details you’d like to mention.

Request a callback

Please enter your name, phone number, and any details you’d like to mention.

Personal information

1
Next Step
2
Last Page
Full Name *
Email Address *
Phone Number *

Case Details

1
Next Step
2
Last Page
Case Status
Type of Issue
Case Number
Preferred Method of Communication *

By entering your phone number and selecting “Send Message,” you consent to receive phone, SMS, or email communication from Moshtael Family Law. Message and data rates may apply. Reply STOP to unsubscribe or HELP for assistance.