How Soon Can I Get Spousal Support in California?fz1208
If you and made a decision to get a divorce, then one spouse might be making plans to move out of the home, which is common, but it normally creates a financial situation. Your home has been maintained by the entire family income, but now two homes will need to be financially supported. This includes the mortgage, rent, utilities, furniture, and many other routine expenses of daily living.
Thus, one spouse will frequently need spousal support after a separation to help them pay these daily expenses. Temporary spousal support can be awarded during the divorce process, but a California divorce will take at least six months, or longer in some cases.
Spousal support, commonly known as alimony, is often a part of divorce decrees in California. If you were granted or are currently seeking spousal support, you might have many pressing questions, such as how long it will take for you to receive your monies.
Just because your marriage is no longer thriving doesn’t mean you can stop paying your bills or buying groceries.
Many spouses going through a divorce need the financial assistance of spousal support, and the sooner they can receive it, the less stressful this difficult time of life will be.
Unfortunately, like many parts of a divorce, there is no cookie-cutter answer as to how soon each divorcee will receive their alimony. The answer is unique to each case.
By consulting with an experienced spousal support attorney in Los Angeles, you can learn about California’s laws on spousal support and how they might apply in your case.
To give readers a better understanding on how soon you may get spousal support, our California divorce attorneys are providing an overview below.
Requesting Temporary Spousal Support
Spouses can receive a temporary spousal support order or a permanent spousal support judgment. Temporary support is given while the divorce is still pending up until it is finalized. In some cases, temporary financial support may be needed by one spouse during the legal process, and the court may elect to award it early in the process.
If the spouse filing for divorce wishes, they can request temporary spousal support upon filing or at any point during divorce proceedings.
If you have already filed a petition for a divorce and served your spouse, you can file a motion for an Order to Show Cause (Form FL-300). This will result in a hearing where you present a request for spousal support in a proposed order for temporary spousal support.
After temporary spousal support is requested, a hearing will be scheduled within 30-90 days.
Because the request is for temporary and not permanent support, the court usually does not assess or evaluate the financial status, assets, or other economic factors prior to approving the request.
If both spouses are able to agree upon temporary spousal assistance before the hearing, even if it just conditionally, the requesting spouse will be able to obtain the support sooner.
If the spouses cannot reach an agreement, the judge will usually grant temporary spousal support unless they are given a substantial reason not to. If a resolution cannot be reached during the hearing, the spousal support will be delayed.
At the hearing, the judge will make a decision on the amount of temporary spousal support and you can start receiving payments.
It should be noted that if you moved out of the home, or your spouse was ordered to move out because of a domestic violence related issue, you could request temporary spousal support along with a domestic violence restraining order.
Temporary spousal support is calculated based on the financial need of the supported spouse, but won’t normally exceed 40% of the other spouse’s income. Temporary spousal support will end after the divorce becomes final. Next, permanent spousal support orders can be ordered.
By working with a dedicated Los Angeles spousal support attorney, you may be able to expedite receiving your monetary support.
Permanent Spousal Support in California
Permanent spousal support is usually gained through a settlement or trial. If a settlement is reached, the agreement will often be a stipulated judgment.
However, if the other spouse contests the support, the judge will determine the amount and duration of the spousal support order.
A spousal support lawyer in Los Angeles might be able to help you receive your temporary or permanent alimony sooner, however, factors that determine how soon you may be able to collect it include:
- The duration of the marriage
- Any disputes about the income and assets of one or both spouses
- The standard of living during the marriage
- Other issues like custody disputes or abuse allegations
If the divorce is relatively simple and straightforward, you can expect to receive your spousal support within six months or less. If there are disputes, complex financial issues, or points of contention, it could take a year or more until the final order is in place, and you receive alimony.
Are Alimony Modifications Allowed?
Whether you are the paying spouse or the receiving spouse, you will want to speak to a knowledgeable lawyer if you want to change your spousal support order.
Even if a spouse is granted permanent spousal support, it can be changed under specific substantial circumstances. Such circumstances may include a change in jobs or wages or even a remarriage.
If a spouse wishes to change the amount they pay their former spouse in alimony or if the spouse who receives support wants to request more, they must prove to the court that the change is warranted.
An attorney who is experienced in divorce law could help you identify reasons for an alimony modification and help convince the court that you have a valid reason that should be honored.
Get Help from a Spousal Support Lawyer in Los Angeles
If you plan to seek permanent spousal support in your divorce, it is imperative that you schedule a consultation with a skilled Los Angeles spousal support lawyer.
There are numerous factors that will need the attention of an attorney, such as your assets, properties, and child custody arrangements, in order for your divorce, including your request for spousal support to work in your favor.
It is not worth risk to try to handle these issues in a divorce on your own. If you live in the greater Los Angeles area and need information about requesting temporary spousal support, we can help you. Call our Certified Family Specialist or use the online contact form to schedule your consultation.
Furman & Zavatsky
15821 Ventura Blvd #690
Encino, CA 91436