San Diego Divorce Lawyer Blog
It is not uncommon in divorce actions for one party to possess greater means than the other. While any marital property is subject to division upon divorce, while the divorce is pending, the lesser-monied spouse may suffer economic hardships. Thus, it is within the Court’s discretion to grant temporary spousal support in cases in which it believes such support is warranted. Recently, a California Court examined when temporary spousal support is appropriate in a matter in which it rejected the husband’s assertion that it was not necessary due to the parties’ lengthy separation during the pendency of the divorce. If you want to learn more about your rights with regard to spousal support, it is advisable to meet with a San Diego spousal support attorney promptly.
Background of the Case
It is reported that the husband and wife married in 1984 and separated in 2010. The husband filed a petition for dissolution later that year. They have two adult children. Following their separation, the wife moved to Texas to live with her parents. The wife worked as a probation officer from 1998 to 2003, after which she was a stay-at-home mother. She worked as a teacher’s aide in Texas.
It is alleged that the husband works as a property assessor, a position he has held since 1986. In early 2021, the wife filed a request for an order seeking temporary spousal support and attorneys’ fees. The husband opposed the request, arguing he should not be responsible for her support. The Trial Court ordered the husband to pay approximately $2,100 per month in temporary spousal support, and the husband appealed.
Grounds for Granting Temporary Spousal Support
On appeal, the husband argued that the Trial Court erred in granting the wife’s request for temporary spousal support. The Court disagreed and affirmed the Trial Court ruling. The Court explained that under California law, a Family Court may order temporary spousal support in any amount deemed necessary for the support of one party. It must take into account statutory circumstances, however, like domestic violence.
The Court noted that the purpose of temporary spousal support is to allow parties to maintain their standard of living as closely as possible while the divorce is pending. In determining temporary spousal support obligations, the Courts are not bound by any statutory guidelines. Thus, such awards are reviewed for abuse of discretion. Here, the Court found that ample evidence supported the Trial Court ruling. As such, it was affirmed.
Talk to a Dedicated San Diego Family Law Attorney
A couple ending their marriage will often disagree as to whether temporary spousal support is necessary to provide for one party’s needs. If you want to learn more about your rights and obligations with regard to spousal support, it is in your best interest to talk to an attorney. The dedicated San Diego family law attorneys of Doppelt and Forney APLC can inform you of your options and help you to pursue a just result. We regularly represent people in spousal support matters in San Diego and other cities in San Diego County. You can contact us via our online form or by calling us at 800-769-4748 to set up a meeting.