Strategies for Securing Temporary Alimony During Divorce Proceedings

Divorce cases often present financial challenges, especially when one party has significantly more financial resources than the other. This imbalance can lead to difficulties in maintaining a standard of living. Temporary spousal support can be awarded to resolve this issue. This support provides financial assistance during the divorce process, helping to manage expenses and stabilize the economic situation for the lower-income spouse while the divorce is underway.

What Is Spousal Support?

Spousal support is a legal obligation where one spouse provides financial assistance to the other during and after a divorce. Its purpose is to ensure that the lower-earning spouse can maintain a standard of living similar to what was enjoyed during the marriage. Temporary support helps the lower-earning spouse manage expenses while the divorce is pending, based mainly on immediate needs and the other spouse’s ability to pay. In contrast, permanent support is awarded after the divorce is finalized and considers long-term needs, including the recipient’s earning capacity, marriage duration, and standard of living during the marriage.

What Is an Order for Temporary Spousal Support

A temporary support order is designed to keep things as stable as possible until a trial, helping each spouse cover their expenses and maintain the standard of living during the divorce. However, it may not be possible for both spouses to maintain the same lifestyle as when they were together, as supporting two households is more costly.

Temporary and permanent spousal support are handled differently. Temporary support aims to keep living standards stable until the divorce is finalized and typically depends on the spouses’ incomes alone. Permanent support, however, considers various factors, including income, lifestyle, and the length of the marriage. Courts have broad discretion in setting temporary support, focusing on maintaining the standard of living and available assets. The amount can vary based on the spouses’ financial situation and needs.

Temporary spousal support is a “pendente lite” (Latin for “pending the outcome of litigation”) order, which is designed to provide immediate relief during family law proceedings. Specifically, California Family Code § 3600 recognizes temporary support orders. The primary function of pendente lite orders is to ensure that both parties and their children have sufficient resources to maintain their standard of living while the legal process unfolds. This includes addressing issues related to child custody, visitation, support (both child and spousal), and legal fees.

In addition to providing financial stability, temporary support orders help protect each party’s property interests and personal welfare. By establishing these temporary measures early in the proceeding, the court ensures that all parties can effectively participate in the legal process and address their respective claims and defenses without undue financial hardship.

Securing Temporary Spousal Support

In temporary spousal support cases, the requesting spouse must prove financial need, typically by submitting an Income and Expense Declaration before the court hearing. This declaration outlines the supported spouse’s financial needs but does not require a detailed account of every expense. The court’s primary goal is to maintain the status quo of the supported spouse’s living conditions until the final decision is made. The court evaluates the supported spouse’s needs and the paying spouse’s ability to meet them, including their current income and earning capacity.

The requesting spouse must be accurate and thorough in their financial declaration, as temporary support decisions are based on this information. A clear, honest presentation of financial details can prevent disputes and ensure fair support.

Additionally, informal arrangements where one spouse pays the other’s bills directly can lead to complications, such as disputes over credit for payments or hidden tax issues. Therefore, it is generally better to establish a formal support agreement to avoid these potential problems. Courts have broad discretion in setting temporary support amounts, and the supported spouse is entitled to a fixed amount to cover their needs rather than relying on the paying spouse’s willingness.

The Impact of Domestic Violence

Under California Family Code § 4320, California courts must consider any documented evidence of domestic or sexual violence between spouses when deciding on temporary spousal support. This evidence can include a variety of documents and records, such as police reports, medical records, text messages, and court documents.

If one spouse has been convicted of a violent sexual felony or domestic violence felony against the other spouse, the court cannot award support if the divorce petition is filed within five years of the conviction and any time served. An exception exists if the convicted spouse can prove they were a victim of domestic violence by the other spouse.

For a misdemeanor conviction of domestic violence, there is a presumption against awarding support if the petition is filed within five years of a conviction for such an offense. However, this presumption can be challenged with evidence showing that the convicted spouse was the victim of domestic violence.

In cases where there are no criminal convictions, but documented evidence of domestic violence exists, the court must still consider this evidence when determining temporary spousal support.

Modifying Temporary Support Orders

A court can change or end a temporary support order at any time, but it cannot adjust any amounts that were due before the modification request was filed. A new order must be filed to request a change in a temporary support order, establishing a significant change in circumstances. However, in some exceptional cases, a modification can be made without a change in circumstances. For instance, if a court failed to consider a spouse’s domestic violence conviction when setting temporary support, it may be revised based on that conviction. Generally, modifications cannot apply to amounts accrued before the request date. Still, in certain situations, the court might adjust support retroactively if it was clear that the initial support amount was not final.

Retaining Legal Counsel

Navigating temporary spousal support and pendente lite requires precise financial disclosures and an understanding of legal standards. Without professional guidance, you might struggle to secure fair support or face complications with informal arrangements. Retaining legal counsel ensures your needs are effectively presented and your rights are protected. For professional assistance with spousal support and other family law matters, contact Khosroabadi & Hill at 858-240-2093 today for a free consultation.