Can I get temporary support while the divorce is pending?

What the Law Says

California law allows either spouse to request temporary (pendente lite) spousal or child support as soon as a divorce case is filed — before the final judgment.

Temporary support is designed to maintain the status quo and ensure both parties and any children meet basic needs while the divorce proceeds. It’s not based on fault but on need and ability to pay.

The court uses different guidelines for temporary versus permanent spousal support. For child support, judges rely on the state’s guideline calculation (based on income, timeshare, and tax filing status), though they may deviate for good cause.

There is no automatic right to temporary support — you must file a formal request and attend a hearing. The judge considers evidence like income, expenses, living arrangements, and the standard of living during marriage.

Statutory Text

In a proceeding for dissolution of marriage … the court may order either party to pay for the support of the other party, pending the final determination of the proceeding.

— Family Code § 2010 — Support pendente lite

Statutory Text

The court may make an order for the support of a child … at any time after the petition is filed.

— Family Code § 3600 — Child support pendente lite

What to Do

Sources