Temporary spousal support (which is also often called “alimony”) is monetary support, ordered by a court, for one spouse to pay the other for a certain period of time. It is only available to parties who are married, or who are registered domestic partners; and you do not need to have children in common in order to be awarded temporary spousal support. Temporary spousal support is most often awarded in situations where one spouse is unemployed, has been staying at home raising children or taking care of the home, or earns significantly less than the other spouse, and can be ordered regardless of gender. The Superior Court of Los Angeles County has informally adopted a calculation guideline for use in determining the amount of temporary spousal support to order. This calculation provides that the Court can order one spouse to pay the other up to 40% of his/her net monthly income, reduced by 50% of the receiving spouse’s net monthly income. If the Court has also ordered child support, that amount will be calculated first, and then spousal support will be determined.
Is Temporary Spousal Support Tax Deductable?
The IRS guidance is that all spousal support payments are tax deductible by the paying spouse and taxable income (counted as “ordinary income”) for the receiving spouse.
How Many Months Can I Receive Temporary Spousal Support / How Many Months will I be Ordered to Pay Temporary Spousal Support?
This all depends on the unique factors of your case, however, temporary spousal support is meant to provide financial assistance to the lower-earning (or non-earning spouse) during the term of the divorce only. A final divorce order may include permanent or longer-term spousal support, depending on the terms of your divorce, which is why it’s extremely important that you have competent legal representation during your divorce proceeding.
Can the Law Offices of Anne Dowden Saxton Help Me Get Temporary Spousal Support?
Yes! Ms. Saxton has been representing clients in our area for over 25 years and will be your compassionate, knowledgeable and experienced legal partner through this rough time in your life. If you are contemplating a divorce, or have recently filed for divorce, please call our office today to speak to one of our staff members about temporary spousal support, and to set up your free case consultation.