In California, once a divorce is filed, temporary spousal support can be paid by the higher earning spouse to the lower earning spouse on a monthly basis at a dollar amount which will maintain the supported spouse at the same or similar living conditions and standards that the parties had enjoyed during the marriage. Temporary support is an attempt to protect the lower earning spouse from becoming destitute before the case ends and the parties’ assets are divided. Divorce cases can take many months to resolve so temporary support is critical for the spouse who needs it.
It is best that the parties negotiate the amount of temporary spousal support outside of Court and formalize the agreement in a written stipulation. If they cannot agree, a judge can be asked to order temporary spousal support after a noticed hearing. That can be expensive. In California, there are extensive factors that the judge must consider, including but not limited to what was the marital standard of living of the parties, and the current income, age, health and education of the parties. The hearing will be like a mini-trial on the issues, and the Court will consider all the written evidence, declarations, and can even take lay and expert witness testimony. If you are asking for support and are represented by an attorney, you may also ask the judge to award you attorney’s fees along with the support. If the judge rules that you need fees, and the other side can afford it, then your spouse may have to pay your fees and his/her own fees if represented by an attorney. It can spiral up on both sides and get costly!
However, it does not have to be that way. If the divorcing couple can work out the issues between themselves, it gives them more flexibility and control over their situation. There are software programs, certified by the California Judicial Council, which can calculate child and spousal support guideline amounts. Two examples of this type of software are Xspouse and CalSupport (Nolo Press). You can purchase and download these programs online yourself. The better solution is to ask a trained professional to run the numbers. When working with one of these professionals, such as a Certified Divorce Financial Planner or a Divorce With Dignity facilitator or mediator, the couple benefits not only from the professional’s access to and experience with the software, but also from her/his skills in helping clients come to agreement. Going this route lessens the chance of having enforcement issues which might require future hearings and more wasted fees.
Divorced With Dignity facilitators are fully trained on the software for determining the guidelines for temporary spousal support, and can help our clients to work out a fair agreement in an amicable fashion, while saving them time and money.
Would you like to learn more about our services? Please visit dwdignity.com and let us show you how we can help guide you through your divorce – with dignity!
Rochelle S. A’Hearn, Attorney at Law is a licensed affiliate with Divorce with Dignity serving Riverside County, Palm Springs & Desert Cities in California. Rochelle has nearly twenty years of experience in civil/family law litigation. She is an enrolled attorney on the Family Law Panel of the Riverside County Bar’s Certified Lawyer Referral Service. Rochelle also volunteers with the pro bono office run by the Riverside County Bar. In her practice, she often gets questions about Spousal Support. DWD has asked her to contribute information about the subject for this blog. This will be the first of a two part series on Spousal Support. First is a discussion on Temporary Spousal Support, followed by an article on Permanent Spousal Support.
The author of this blog is not an attorney and the information contained in these blogs should not be considered legal advice. The information provided here is based on the experience of the author and some of her clients whose actual names are not mentioned. Do not hesitate to seek the advice of an attorney if you have any legal questions.
