“Temporary spousal support is support that is ordered during the period of time between the initial filing of the petition and the final judgment. Additionally, support can be temporary if the judge so declares.
Temporary and permanent spousal support are two diverse kinds of support, and the purposes of temporary and permanent support are vastly different. ‘The purpose of temporary spousal support is to maintain the status quo as much as possible pending trial.’ [In re Marriage of Schuluze.] It is to maintain the status quo until the issues is tried or settled. [In re Marriage of Smith.]
Temporary spousal support is utilized to maintain the living conditions and standards of the parties in as close as possible to the status quo position realized during the marriage pending trial and the division of their assets and obligations. [In re Marriage of Winter; In re Marriage of Burlini.]
Temporary spousal support may be ordered in ‘any amount that is necessary for . . . support and maintenance.’ [FC 3600-3604.] FC 3600 provides in pertinent party: ‘in any proceeding for dissolution of marriage or for legal separation the court may order (a) either spouse to pay any amount that is necessary for the support of the other spouse, consistent with the requirements of subdivisions (i) and (m) of FC 4320 and 4325.’
A change of circumstances is required for the modification of support orders, including temporary ones. [See In re Marriage of Biderman [], where the court stated that a “motion for modification of spousal support may only be granted if there has been a material change of circumstances since the last order. Otherwise, dissolution cases would have no finality and unhappy former spouses could bring repeated actions for modification with no burden of showing a justification to change the order.
Temporary support is usually a higher amount than permanent support orders. [See In re Marriage of Schulze [], where the court stated that ‘the purpose of temporary spousal support is to maintain the status quo as much as possible pending trial.
Temporary spousal support is utilized to maintain the living conditions and standards of the parties in as close to the status quo as possible pending trial and the division of their assets and obligations.”
(LW Greenberg, California Family Law.)
