Can spousal support be awarded before a divorce is finalized?
Yes, spousal support can be awarded before a divorce is finalized in California. Spousal support is sometimes known as alimony and is a form of financial support a spouse is given by the other for a variety of reasons. When a couple is still married, the court may award spousal support to one of the spouses if the court finds that there is a need for financial assistance until the final divorce decree is issued. In California, temporary spousal support is usually awarded in three main circumstances. The first is when one spouse earns significantly more than the other and can afford to pay support. The second is when one spouse’s earning capacity is less than the other’s due to job loss, reduced hours, or other circumstances. The third is when one spouse needs financial assistance in order to prepare for their divorce by attending law school, participating in courses, or other necessary actions. To request temporary spousal support, the party needs to file the appropriate paperwork with the court. The court will consider the need for the support, the financial ability of the paying spouse, and the duration of the marriage. The spouse receiving support will be required to account for the funds, usually in the form of a sworn written statement. The amount of temporary spousal support awarded and when to pay it is at the discretion of the court. It is vital for both parties to work together to reach an agreeable solution during this period, as the court’s decision can have a major financial impact on both spouses.
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