Permanent spousal support (alimony) is addressed separately.
Who is entitled to temporary spousal support in California?
Generally, spousal support is only available to married couples or registered domestic partners. A “putative spouse” under FCS 2251 may also be awarded spousal support. The court may order spousal support in a proceeding for dissolution (divorce) or legal separation.
How is Temporary Spousal Support Determined in California?
Temporary spousal support, also called pendente lite (while the divorce is pending) spousal support, is intended to maintain the status quo (the marital standard of living that existed during the marriage) during the divorce process until final judgment. IRMO Winter (Cal. Ct. App. 1992) 7 Cal.App.4th 1926, 1932. Generally, temporary spousal support is higher than permanent spousal support, in part because a supported spouse is expected to become self-supporting within a reasonable amount of time. IRMO Schulze (Cal. Ct. App. 1997) 60 Cal.App.4th 519, 525.
How do expenses affect Temporary Spousal Support in California?
Expenses that do NOT matter include most personal expenses such as credit card bills, rent, gas money, food, and other basic living expenses. Expenses that DO matter and are entered into Dissomaster are: health insurance, union dues, mandatory retirement contributions (not voluntary contributions), child care expenses regarding children who live in a spouse’s home, court ordered child support payments.
How Much Temporary Spousal Support can I get in California?
Temporary spousal support is calculated based on a formula which calculates “Guideline” support. To get a rough estimate of spousal support in California: Calculate 40% of (Payor’s net income – amount of child support), then subtract 50% of supported spouse’s net income.
What is the effective date of Temporary Spousal Support in California?
Temporary spousal support may be ordered retroactive to the date of filing of the Petition for Dissolution (assuming spousal support was requested in the Petition) or the date of filing of a Request For Order for temporary spousal support, whichever date is earlier.
Is Temporary Spousal Support Tax Deductible in California?
Court-ordered spousal support is taxable income for the receiving spouse and tax deductible for the payor spouse. Child support is not taxable income to the receiving spouse, nor is child support deductible for the payor spouse. You should consult a CPA for tax advice regarding support payments.