How do I request temporary spousal support (alimony) while my California divorce case is ongoing?
To request temporary spousal support, you must file a formal Request for Order with the court and provide detailed financial information. The court will then hold a hearing to decide on your request.
Here are the steps to request temporary spousal support:
Step 1: Complete the Necessary Forms
You must complete and sign several forms. The primary forms are the Request for Order (FL-300) and the Income and Expense Declaration (FL-150). On the FL-300, check the box for "Spousal Support" and briefly explain why you need it. The FL-150 requires you to detail your income, expenses, and assets. You must attach your last two months of pay stubs. You can find these forms on the California Courts website.
Step 2: File Your Forms with the Court Clerk
Make at least two copies of all your completed forms. Take the original and the copies to the court clerk in the county where your divorce case is filed. The clerk will keep the original, stamp your copies, and assign a hearing date. You will have to pay a filing fee unless you qualify for a fee waiver.
Step 3: Serve Your Spouse with the Forms
You must have another adult (not you) serve your spouse with a copy of the filed forms at least 16 court days before the hearing date. The server must also complete and sign a Proof of Service form (like FL-330 or FL-335), which you will then file with the court clerk. This step is critical; without proper service, the judge cannot make orders.
Step 4: Prepare for and Attend the Hearing
Gather all your financial documents, such as tax returns and bank statements, to support your request. At the hearing, the judge will review the paperwork from both you and your spouse. The judge's decision on temporary support is primarily based on a guideline formula that considers each party’s income and ability to pay, with the goal of maintaining the financial status quo until the divorce is final.
Important Details:
Temporary spousal support is calculated differently from permanent support. It relies on a computer formula to determine need and ability to pay. Permanent support, decided at the end of the case, involves a detailed analysis of the factors listed in Family Code § 4320, such as the length of the marriage and standard of living.
Warnings and Limitations:
Deadlines are strict. Failing to file or serve documents on time can result in your hearing being postponed or canceled. Be completely honest on your Income and Expense Declaration, as inaccuracies can harm your credibility with the court. A conviction for domestic violence against your spouse can legally prevent you from receiving spousal support.
This is general information and does not constitute legal advice. For complex situations or specific guidance on your case, you should consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 46
Updated: August 14, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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