My marriage only lasted 2 years, do I have to pay temporary spousal support?
/Maybe. Experienced family law attorneys will tell clients that temporary spousal support can be ordered by a Court even in a short time marriage. The party seeking support is required to show that the need for support exceeds his/her available resources.
Under California law, spouses are obligated to support each other during marriage. Fam C §720. While an action for dissolution of marriage or legal separation is pending, the court may order either spouse to pay an amount necessary for the support of the other. This is called Temporary support - or support Pendente Lite - to maintain the status quo of the parties until the divorce is final. There are no statutory requirements to determine the propriety and amount of an award of interim or temporary spousal support. Rather, any such award is based broadly on the issues of need and ability to pay. Marriage of Dick (1993) 15 CA4th 144, 165.
In most California counties - there are Superior Court schedules establishing temporary spousal support. However, the Court does not rely on these schedules for permanent spousal support. Each case is different, so contact a family law attorney to talk about your specific case.
Contact amanda@gordonfamilylaw.com for more information.