Temporary spousal support is paid during divorce proceedings and ends when the terms of a divorce are agreed upon. Under California Family Code Section 36001, a spouse can be ordered to “pay any amount that is necessary” for temporary support based on the supported spouse’s need and the supporting spouse’s ability to pay. The purpose of temporary spousal support is for both parties to maintain the standard of living both parties have been accustomed to prior to their separation.
There are many factors that determine whether to grant or deny temporary spousal support and the amount of spousal support that must be paid. If you or a loved one is considering a divorce, or is in the midst of a divorce, an experienced Wallin & Klarich attorney can review your finances and fight for terms that are most beneficial to you.
How is Temporary Spousal Support Calculated?
In the state of California, temporary spousal support is calculated by taking into account several factors. The first factor is the determination of the monthly gross income of the husband and wife. Adjustments in income; such as for taxes, child support, union dues, to name just a few; are considered when calculating each spouse’s income.
Second, the tax-filing status of each spouse is also factored in the calculation. There are four types of tax-filing status: single; head of household; married, filing separately; and married, filing jointly.
Lastly, the numbers provided for each party is then calculated using the “Santa Clara County Guideline.” It is important to note that using these factors to calculate a temporary spousal support amount is not final, but it can give you a good idea of what to expect should a judge decide to grant temporary spousal support.
An experienced family law attorney can help you determine an estimated temporary spousal support amount in your case.
When Can Temporary Spousal Support Be Denied?
Under California Family Code Section 43212, the court can deny temporary spousal support when it is determined that:
- The party has sufficient separate property
- The party is earning his/her own livelihood
- The party has acquired sufficient community property or quasi-community from the separation
- The custody of the children from the relationship has been awarded to the party who is supporting them
There are several factors that determine whether temporary spousal support is appropriate in a divorce case. An experienced family law attorney can review all of the factors in your case to fight for what you justly deserve.
Call Wallin & Klarich Today
If you or a loved one is going through a divorce or separation and have a temporary spousal support issue pending, it is critical that you speak to an experienced family law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling spousal support cases in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California family law attorney near you no matter where you work or live.
Call us today at (888) 749-7428 for a free phone consultation. We will get through this together.
All of the above information was retrieved from the following sources:
1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=03001-04000&file=3600-3604↩
2. http://law.onecle.com/california/family/4321.html↩
