Skip to main content

How do I file for spousal support?

Hayward, CA |

How do I file for spousal support? We have been married for 5 years and 11 months and now separated for almost 2 years and 8 months. We have a child custody order in place already, but I did not ask for spousal support at that time.

Recently my income dropped and I would like to get temporary spousal support, even if it is only for 2 months. Do I have to file Request for order – Spousal Support or there is some other form?

Thank you.

Attorney Answers 3


  1. You have to file an OSC and it may take 30 days to 2 months to get heard. Set forth the drop and why you need it now

    My name is Stephen R. Cohen and have practiced 39+ yrs. I can be reached at 213-819-1171. I practicein Los Angeles and Orange County, CA. I give only appointments over the phone., these services do not create an attorney client relationship. My answers may offend as I do not believe in pulling punches or sugar coating the truth, I use common sense as well as the law. Other state's laws may differ and I would appreciate it if you feel like marking my answers helpful or best. There are a lot of really good attorneys on this site, I will do limited appearances which are court documents , less expensive.


  2. You have to file a Motion for Temporary spousal Support and the sooner you file the better, because the court will file retroactive back to the date of the motion.

    Since you have been supporting yourself for a period of time it is somewhat more difficult to get spousal but it should not be impossible in regard to temporary spousal support, which is usually systematically given out. Your maximum duration probably would be one half the duration of the marriage. You also have to file and Income and Expense declaration.

    It would really be a lot better if you did retain counsel, things would go far more smoothly.

    If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.


  3. File the Request For Order and also file your Income And Expense Declaration. Typically, spousal support can last as long as one half the length of the marriage, but here you are asking for temporary spousal support, so it might be possible. You can also ask for an Order Shortening Time to have your motion heard more quickly.

    Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.

Divorce topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics