What’s the difference between California temporary and California pernanent spousal support?
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California Temporary Spousal Support
California temporary spousal support is awarded to one spouse during the divorce process. The support is awarded so that they can live in the manner they were accustomed to during the marriage. California temporary spousal support can be awarded to a husband or a wife. The support continues pending disposition of their divorce. A California temporary spousal support order is an attempt by a California court, pending trial, to allocate family income equitably between parties. It considers their individual incomes and expenses. The amount awarded as California temporary spousal support is to maintain the status quo of the parties until trial. California temporary spousal support can be determined using a computer-based program.
California Permanent Spousal Support
In contrast to California temporary spousal support, California permanent spousal support (also known as long term spousal support) is intended to provide financial assistance to the supported spouse. The amount awarded is determined by the financial circumstances of the parties after their dissolution and the division of their community property. In determining permanent spousal support, a court must consider certain factors as set out in California Family Code § 4320. A judge cannot use a computer-based temporary spousal support guideline figure, even if used only as reference point, but must consider all the factors found in the California Family Code.
Factors taken into consideration when deciding permanent support vary from those when determining temporary support. The Court uses a computer-based program to come up with a temporary spousal support figure. This is called guideline support and is meant to only be temporary.
A licensed attorney will lay out the factors as set out in California Family Code § 4320 to help the Court determine the need for permanent spousal support. Temporary spousal support is always more than permanent support. Support is meant to be awarded to help each spouse maintain the standard of living enjoyed during the marriage.
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