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Should you request temporary spousal support when you file for divorce?

On Behalf of | Nov 17, 2022 | Divorce |

When you file your divorce petition, you have the option to ask for temporary spousal support. This is a financial award the court will decide right away.

The idea is to provide you with money to help you meet your needs while you go through the divorce process. You can ask for it when you file for divorce.

Considerations

Not everyone who requests support will get it. The court will assess your income and your spouse’s income. The judge will look over your needs and determine if you have a legitimate reason to require support.

Incomes

To make the request, you need to be the person will less money. If you have a higher income or a lot more assets, then the court will not award you support. It will only apply in cases where you make less than your spouse and have a true need. Your spouse also needs to make enough money so that should the court issue an order for temporary support, it will not put him or her in a bad financial position.

Amount

The judge uses a simple formula to figure out the amount of temporary spousal support. The common calculation is to take 40% of the income of the higher earner and subtract from that 50% of the income of the spouse who earns less. But judges do have leeway to award whatever amount they see fit based on your situation.

Temporary support is not applicable in all situations. But if you have a legitimate need for help to make ends meet, you can request it when you file for divorce.