Most divorcing couples in California choose to live apart while the divorce is pending. Living apart may reduce the level of acrimony, but it may also cause financial headaches for one or both of the parties. For this reason, California courts are frequently asked for and frequently issue orders for spousal support during the pendency of the divorce, otherwise known as temporary alimony.
A party who wants the other spouse to pay alimony during the divorce process must make a motion to the court for such an order. The moving party must demonstrate the existence of circumstances that justify the order. The court will first examine the age, physical condition and financial condition of the parties. Each spouse’s earning ability will also be taken into consideration. Another important factor is the standard of living that the couple enjoyed during the marriage. If the couple enjoyed a high standard of living while they were together, the court will endeavor to set temporary alimony at a level that allows both spouses to approximate this standard. In this regard, the court will take into account the ability of each spouse to be self-supporting. If the couple owns real estate other than the family home, the court will endeavor to ensure that one or both parties are able to contribute to the maintenance of the property.
In adidition to this, judges also consider other factors. One of them is domestic violence. A judge will also consider any evidence of domestic violence by one spouse against the other spouse or a child. Usually, a party who has committed domestic violence will not be eligible for temporary alimony.
Going through a divorce can be difficult enough, but a spouse who gave up their earning potential to support their spouse should not have to suffer financially until a permanent alimony decision is reached. Anyone who is considering starting a divorce proceeding may wish to consult an experienced divorce attorney for advice about temporary alimony and child support before filing the petition.