California Divorce Blog–Temporary Spousal Support

Typically, when a divorce case is initially filed a party who earns less than the other party may seek an order for Temporary Spousal Support. This is also called “Pendente Lite” Spousal Support.  Generally, the working spouse pays the non-working spouse temporary spousal support while the action is pending.
During the pendency of a dissolution or legal separation proceeding, the court “may order” one party to pay “any amount that is necessary” for the other’s support consistent with the requirements of per California Family Code Section 4320, 4325.  However, in the Marriage of Freitas, the Court was required to consider the parties’ domestic violence history such as criminal convictions which could reduce or eliminate spousal support awards.  (See Marriage of Freitas (2012) 209 CA4th 1059, 1067, 147 CR3d 453, 459-460.
Until entry of the final judgment, temporary spousal support is properly awardable without regard to the merits or procedural posture of the case. (See the Marriage of Askmo (2000) 85 CA4th, 1032, 1038-1040, 102 CR2d 662, 666-667. In the Askmo case, the court ruled there was no error in awarding the Wife support before her default was vacated and pending Husband’s appeal from set-aside of a default judgment.
If you are the spouse who does not work or earns less than your other spouse then you may want to consider seeking temporary court orders for spousal support. Also, if your spouse is seeking Temporary Spousal Support from you then you should seek an immediate consultation to discuss limiting your exposure to paying spousal support.  For a more in depth analysis please call Attorney Keith F. Simpson at (310) 297-9090 to further discuss your case. You may also review our website at http://www.simpsonlaw.net for your free initial consultation today.
Advertisements

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: