Are you thinking about filing for divorce? If you are the "lower-earning
spouse," or if you are unemployed, a stay at home mom or dad, or
a homemaker, then perhaps you're worried about how you're going
to support yourself initially if you file for divorce. This is a common
concern, and one reason why unhappy spouses delay their
If you are financially dependent on your spouse, or if you are the "out
spouse," the spouse who doesn't handle the finances, then it's
understandable why the prospect of ending your marriage may be a little
We want to assure you that this situation occurs regularly and it's
not something that we're unfamiliar with.
Asking for Support During the Divorce Process
Afraid to file divorce because you don't know how you're going
to support yourself? Worried that you won't get the kids because you
don't have a job? It's okay, the court recognizes that spouses
are often in these situations and that's why the California court
system awards temporary orders for spousal support.
If you want to file for divorce, you can ask the court for a temporary
order for spousal support while your divorce is pending through the courts.
However, you can only ask for a temporary order for spousal support once
you file your divorce case. You can also ask for
You can ask for spousal support in the following cases:
- Legal separation
- Domestic violence restraining order
- Local child support agency
As a general rule, once you have started one of the above cases, then you
can ask for spousal support. However, you cannot ask for spousal support
in a paternity case.
If you're a victim of
domestic violence, you can ask for spousal support when you ask the court for a domestic
violence restraining order providing you are married to the person named
in the restraining order.
If you have further questions about getting an order for temporary spousal
support, don't hesitate to schedule a
free consultation with one of our
Los Angeles divorce lawyers.