The availability of temporary spousal support can make a huge difference in the decision to move forward with a divorce in some situations. Where one spouse is dependant on the other spouse’s income, the prospect of having no or less money for day-to-day necessities can limit the spouse’s options.
In such circumstances, temporary spousal support may be an option. Temporary spousal support will be ordered by a court. Payments will continue until the divorce is finalized. Once your divorce is final, the payments will cease unless alimony (or permanent spousal support) is ordered.
What Is the Purpose of Temporary Spousal Support?
Alimony and temporary spousal support are distinct and have different purposes. Alimony is often awarded in long marriages where one spouse did not work outside the home, instead focusing on the management of the family. Alimony can be awarded for years at a time.
Temporary spousal support is typically more readily awardable and is concerned with supporting the lesser earning spouse in the immediate aftermath of when the parties separate. The law provides that temporary spousal support be set in “any amount that is necessary for the support of the other spouse.”
For example, if the paying spouse moves out of the marital home, a court may award temporary spousal support so that the other spouse can keep up with mortgage or rent payments. The same would be true for other monthly bills like health insurance or car payments.
Other Facts About Temporary Spousal Support
It should be noted that temporary spousal support payments are tax deductible for the payor and taxable as income as the payee. Also, temporary child support may be set at the same time.
Another important requirement for temporary spousal support is that there must be a pending divorce action in order for support to be awarded.
While the lesser-earning spouse may be expected to return to the workforce at some point in the future, with temporary spousal support, the court is chiefly concerned with keeping the payee’s standard of living the same as it was during the course of the marriage.
Contact a San Jose Temporary Spousal Support Lawyer
Depending on the complexity of your divorce, temporary spousal support payments could continue for some time. It is important that a legal professional is involved in setting the payment amount. Getting an attorney involved at the beginning of the divorce process ensures that your rights are fully protected.
Call the skilled San Jose, CA temporary spousal support attorney at Dominion Law Group, LLP at 408-288-5592 to schedule your first meeting.