Spousal support works both ways i.e. either spouse can be awarded spousal support.  The award is either temporary and/or permanent.

When the parties are in agreement, one of our Family Law Lawyers will prepare an agreement that states the amount of spousal support that will be paid each month and for how long.

However, if the parties are not in agreement, the court will decide based on a number of factors.  If one spouse files a Request for Order for temporary spousal support–the court will generally look at 2 factors:

  1. Need
  2. Differential in income

If it is determined that temporary spousal support is warranted, then the court will award it.  This temporary order can be changed by modification or at the Divorce trial when permanent spousal support will be addressed.

Factors that determine permanent spousal support are much more stringent.  These include need & differential in income as well as length of marriage, education, health, standard of living and other factors.  The judge will make a decision as to the amount of permanent spousal support as well as the time period.

If you have questions regarding getting, paying or changing spousal support, our experienced Divorce Attorneys can help for low flat fees. Give us a call @ 1-800-HELP-444 (1-800-435-7444) or visit our website @ www.LegalActionWorkshopLAW.com .

Reader Interactions


  1. Mary says

    I was married for 26 years. I was awarded support by a verbal admission of income, not actual from my ex husband. Awarded for / until death or re-marriage. Divorce was granted in 2009. Ex-husband and his now wife wants to modify my spousal support. I live paycheck to paycheck. Seriously, need help. Ex husband has hired a attorney. My cell is 661-754-1860. I will have to make payments or request that ex husband pays for fees. I live in the Antelope Valley.
    Thank you in advance for any help.

    • Brenda Platt-Drucker says

      We just spoke. You will need legal advice and a response filed in order to prepare for your up-coming hearing. The attorney will explain the strength of your case, run the dissomaster based on your income and that of your ex. If you wish to make a time to speak with the attorney, please call us @ 818-630-5503.
      Thank-you for contacting Legal Action Workshop–THE LAW FIRM THAT OFFERS LOW FLAT FEES!

  2. Luz says

    I was married for 22.5 yrs and currently unemployed most of the time during the marriage I ve been a house wife he was the one that started the divorce process and has an attorney I dont since I have no income. He s kinda offering to leave me the house debt included (we still owe about 5 yrs 120000.00 ) approx value 450000.00 …only because he doesnt want to pay sppousal support.
    We have a 19 yr old son attending univ.
    and a 17 yr old daughter HS.
    I m not sure what to do..
    He s income is about 5000.00 month

    • Brenda Platt-Drucker says

      I’m assuming that you are in California as the laws in other states may be different. If your spouse is offering to give you the house i.e. sign the house over to you, that would be a good deal as there is a lot of equity in it. Once you own it, you could sell it and take the equity. However, it sounds like you would need to work so that you could pay the mortgage. I’m not sure if this is what he is offering. To assess your situation, we would look at the amount of years of the marriage (from the date of marriage to the date of separation), his income, debt accumulated during the marriage as well as your ability to work. There may be other factors. If you were served with divorce papers, it is important that you file a response in order to protect your legal rights. Please call us to discuss further @ 818-630-5503.
      Thank-you for contacting Legal Action Workshop!

  3. Patricia says

    I was wondering if I am entitled to any spousal support my husband and have been.together for 12 yrs. and married for 21/2 yrs. He blindsided me I overheard him on a convention saying he was going to ask for a divorce I just found out last week and when I confronted him he said yes I want a divorce which is fine I will give it to him but I don’t have a place to go and don’t have the money, he’s the money maker and I will probably end up homeless

    • Brenda Platt-Drucker says

      Is sounds like you would be entitled to spousal support. Once the divorce is filed, you can also file a ‘request for order’ for temporary spousal support while the divorce is in progress. The factors for a temporary order are need and differential in income–both of which you seem to have. If you are in CA, we can help you. Please call our office @ 818-630-5503 to discuss.
      Thank-you for contacting Legal Action Workshop!

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