What is the difference between temporary and permanent spousal support orders in a Carlsbad divorce case? What do you need to immediately know about temporary orders? Will temporary orders affect the permanent orders ultimately issued in your case?
The party who initially files the divorce petition may request initial orders from the judge regarding matters such as child custody and parenting time, as well as spousal support. The Judge in your case will soon issue orders to guide the parties through the process of the divorce. These initial orders are “temporary” orders which are designed to protect the status quo as the parties work through the issues of their divorce and ultimately end their marriage or domestic partnership.
This is why it is important to respond promptly if you have been served papers in a divorce. The failure to respond means the “Petitioner” (the person who filed for divorce) will likely get everything they asked for in the filing regarding temporary custody and support orders.
The major difference between temporary and permanent spousal support orders is the amount of the spousal support and its duration. Temporary spousal support is usually based upon the income disparity between the parties as the Judge attempts to level the playing field for the divorce process.
Once the Judge decides or approves the final orders in your case, any spousal support from that date forward is considered to be “permanent.” The amount of and the duration of permanent spousal support is based on multiple factors which include the length of the marriage and the economic viability of both parties.
Permanent doesn’t necessarily mean “for the rest of your life” in this case. The Judge will often set a time limit for spousal support. The recipient of spousal support is often issued a “Gavron Warning” which clarifies the Court’s expectation for the recipient of spousal support to become economically independent in a reasonable period of time.
The difference between temporary and permanent spousal support orders can also be greatly impacted by the expertise and skill of your attorney. We invite you to review the strong recommendations of our clients and the legal industry and contact Burke & Domercq or call us at 760-389-3927 to learn more or schedule an appointment.