If you and your spouse or domestic partner agree about temporary spousal support, you can have your agreement made a court order without having to go in front of a judge.
PRINT EMAILBefore making an agreement, read about how temporary spousal support works. You'll want to know things like:
If you have children together, it helps to try to come up with agreement about child support at the same time. The amount of child support may change what you need or can pay.
Your court’s Family Law Facilitator may be able to explain spousal support or even assist you in drafting an agreement.
How much one person will pay the other each month Spousal support is usually a set amount each month. But, if someone’s income changes, there are other options, like having support increase one month if your spouse gets a bonus. How long support will be paid Temporary support ends when your divorce is final (you have a judgment). But you can agree for it to end before that.
Can support last longer?Yes. Spousal support paid after a divorce is final is called long-term or permanent spousal or domestic partner support. There are different rules about this type of support. Find out more about long-term spousal support and how to write up an agreement.
Once you agree on all these issues, you need to write-up the agreement.
You can use Spousal, Partner, or Family Support Order Attachment (form FL-343) to write out the details of your agreement. You will need a cover sheet that says the attachment is your agreement. You will both need to sign the cover sheet and have space for the judge to sign. You can use a
or find out if your court’s Family Law Facilitator has a template you can use.You can always ask a lawyer to review the agreement before signing. Even if you don’t hire a lawyer for your whole case, they can be paid hourly to review documents and give you advice.
It may take several days to get the signed copy back. You may be able to pick it up in person or have the court mail it to you.
If you agreed to have support paid by earnings assignment (wage garnishment), you have to turn in another forms. Learn more
If you agreed to have the spousal or partner support paid by earnings assignment (wage garnishment), also turn in an Earnings Assignment Order for Spousal or Partner Support (form FL-435). If you also have a child support order, use Income Withholding Order for Support (form FL-195). The judge needs to sign this too.
What is the filing fee?There is usually a fee to file an agreement. The fee is generally $20. If one of you hasn't paid their first filing fee ($435-$450) that person may also need to pay this fee. If you can't afford the fee, you can ask for a fee waiver.
When you get back the signed agreement, it should have the judge's signature and a stamp that says "filed." It is now a court order. Give a copy to your spouse or domestic partner. Have someone over 18, not part of your case, mail a copy of the signed agreement to your former spouse or domestic partner. Complete a Proof of Service by Mail (form FL-335). You server must sign it. File it with the court.
If you agreed to have support paid by earnings assignment, it must be mailed to the employer. Learn more
Have someone over 18, not part of your case, mail a copy of the signed Form FL-435 or FL-195 along with a Request for Hearing Regarding Earnings Assignment (form FL-450) to your former spouse's employer. Complete a Proof of Service by Mail (form FL-335). You server must sign it. File it with the court.
Once your agreement is filed, it’s a court order. This means you and your spouse or domestic partner must follow the order.