Spousal or Partner Support (Temporary support and permanent support)

If you were married to the other party or you had registered as domestic partners, the Court may have the power to order one of you to pay spousal support to the other on a temporary or permanent basis. Temporary (or pendente lite) support is the name given to support paid to the other spouse or partner during the period between filing of the dissolution and the entry of the Judgment of Dissolution. Permanent support is the name for spousal or partner support paid after the Judgment of Dissolution is entered – even if the period for the support is only a month.

The temporary spousal support order is usually based on a formula, like child support. There are many factors that affect spousal support in a way very similar to the factors discussed in the child support section. However, there are additional factors that affect spousal support, and some that even bar the court from ordering spousal support.

Permanent support poses even greater difficulties. The Court also considers the length of the marriage or partnership in making a permanent support order. Though permanent support is usually lower than the temporary support, it is NOT based on a formula. It is based on an entire list of “factors” which can be found in Family Law Code section 4320. An experienced family law attorney can assist you to present the facts that the Court uses to make findings regarding each of the factors in this code section. A support order just $100 per month higher or lower makes a $12,000 difference, in a ten year period.

At Julie Clark, Attorney at Law, we can help you ensure that your spousal support orders are fair. Contact or request an appointment today.