Introduction
Temporary spousal support is usually paid by one spouse while the other spouse is waiting for the final decision of divorce. If you are in the midst of a divorce, it is very important to understand for how long you will receive temporary spousal support. Also, there are many issues that could affect the duration of your temporary support. Learning more about these issues and temporary spousal support can help you understand your rights and better navigate through the divorce process.
Define Temporary Spousal Support
Spouse who needs financial assistance to meet their expenses until a final divorce judgment is entered can receive temporary financial assistance from his or her spouse. Such assistance is known as alimony pendente lite or “APL” for short and is designed to provide financial assistance to a dependent spouse until a permanent determination of post-separation support (alimony) can be made by the court. The big question for many of these spouses is how long will their temporary assistance last?
In general, Alimony Pendente Lite awards in North Carolina are based on the higher earning spouse’s gross income. For those spouses that have little or no income from other sources, a typical award is around 30% to 35% of the higher earning spouse’s gross income. For example, an award for short-term marital assistance in the metropolitan areas of North Carolina could be in the range of $1,400 to $2,200 per month and active for a period of 12 to 18 months.
The terms of temporary support can usually be modified by either party at any time without requiring a change in circumstances. Therefore, temporary support ends in one of two ways. First, the terms of the support can be changed by the parties or by the court, and thereby revised. Support that is temporary in nature during the divorce proceedings is considered to be ended permanently when the parties’ financial circumstances have been established on a permanent basis and the same type of support then becomes support that is awarded on a permanent basis.
For example, a husband with a monthly income of $6,000 and a wife with a monthly income of $4,000 would have the husband pay $400 per month for assistance. This form of assistance is temporary in nature and typically only lasts until the time when the higher cost support that was the subject of negotiations can be established by the court and become permanent.
Temporary spousalimony is another of the options available to spouses undergoing divorce. Often, understanding your options will better assist you in your divorce and make for a more desirable situation. At BLP Family Law, our staff of experienced family law attorneys are ready to advise you of your right to receive a spousal support award, whether it is temporary in nature or if it is intended to be a more permanent solution as the result of contested divorce negotiations.
Identify Factors Influencing Duration
How long is temporary spousal support? Several factors determine the duration of time temporary spousal support will be paid by one spouse to another.
- Length of Marriage: As a general rule the longer the parties were married the longer temporary spousal support will last. Because the length of marriage is a relevant factor as between spouses regarding spousal support, the length of time that a recipient spouse needs will be affected by the same factor that affected the initial determination of spousal support between the parties.
- Financial Requirements of Both Parties: In determining the duration of temporary spousal support the financial needs or requirements of both the recipient spouse and paying spouse and their respective dependents shall be considered. The support recipient with low income and high necessary expenses may require support for several years.
- The paying partner’s ability to pay support: The paying partner’s financial situation is also taken into consideration when making a determination as to the amount of support the paying partner will be required to pay. The court reviews the paying partner’s income, as well as his/her expenses, as well as his/her other financial obligations, and considers his/her assets when issuing orders that are fair and sustainable.
- Standard of Living: This factor is typically used by the court to try and keep the receiving and paying spouses at the same standard of living as they had been during the marriage. Therefore each spouse will have his/her own set of expenses to be met by support.
- Other Circumstances: Such as health issues or job loss. For example, a receiving partner who has been unable to work due to health problems could receive longer term support.
Understanding the factors that affect the amount of time a spouse can receive temporary support will enable you to ask your lawyer the right questions regarding the definition of temporary spousal support and the approximate timeframe during which support will be paid. Temporary spousal support is intended to allow a spouse who needs time to return to work after a prolonged absence from the work force (for example, after many years of being a stay-at-home spouse while the other spouse worked to earn a salary to support their combined family) to have financial assistance from the contributing spouse. An example of this would be support based upon 30-35% of the contributing spouse’s gross income for example, where the receiving spouse has little or no income. This type of support is often referred to by the term pendente lite support. Support that is determined on a temporary basis is based on the information available to the court at the time the application for support was made. Therefore, the initial support calculations made by the basis of that information and the support formula used to determine the amount of support are subject to modification based upon many subsequent circumstances!
Request Temporary Spousal Support
Going through divorce or legal separation can be a very painful experience. You don’t have to go through this experience alone. Start the divorce process by filing a petition for divorce or legal separation in the local family court where you reside. Complete the required forms including:
- Request for Order (form FL-300)
- Income and Expense Declaration (form FL-150)
Have a copy of the divorce petition documents (petition for divorce or legal separation) served to your spouse along with their copy of the completed divorce forms. They can then complete their portion of the required divorce papers as well. A date will be given for your court appearance and on that day you can present the judge with information regarding your case. The judge will then make a decision regarding your request for temporary support. This will give you an idea of how to proceed with the divorce process.
Understand Court Determinations
Temporary spousal support, also known as post separation support in North Carolina, is temporary support paid by one spouse to the other for a specific amount of time until permanent support can be determined by the court. How long temporary support will last will be decided on a case by case basis, however typically the court will use specific criteria to make an educated decision.
- Financial Disclosures: Financial disclosures are made by both spouses in the divorce action. These statements list all of the income that a person receives, as well as all of the monthly expenses that he or she pays. A complete and accurate listing of assets and debts is also required. The financial situation of both the spouse who is asking for support and the spouse who is expected to pay support is looked at by the court when determining whether or not support will be awarded.
- Standard of Living: The Court will generally try to maintain the standard of living that the parties had during their marriage. This factor will have great weight in determining the amount of support that one spouse will receive.
- Duration of the Marriage: A longer marriage normally results in a longer period of time during which one spouse can receive temporary spousal support from the other spouse.
- Health and Employment Status: The health of and how the parties are employed can be very important for a determination of the amount of time temporary spousal support will be needed by a spouse. A spouse who is very ill or disabled may need assistance for an indeterminate period of time, whereas a healthy spouse with a good job may need to provide less assistance to the spouse in need.
- Child Custody and Assistance: Even if there are no children involved the court will consider assistance that was provided by both spouses to children in the past as well as current child assistance that is provided by both spouses for financial assistance consideration.
- Marital Misconduct: The marital misconduct of either party, such as infidelity or desertion, may also be considered by the court in determining whether to grant financial assistance to a spouse.
As with how much temporary spousal support is to be paid, the length of time that support will be paid until your divorce is completed is also within the court’s discretion. Because each situation is unique, modification of temporary spousal support may be warranted due to a substantial change of circumstances of either party. Understanding the factors that the court will look at in determining the amount of and duration of assistance that will be paid to you or your spouse by the other party can be very beneficial to you as you approach your court date.
Knowing the above factors will allow you to know how to approach your situation and walk into your court date prepared.
Conclusion
As you navigate the divorce process, another issue that can be rather perplexing is the issue of temporary spousal support, also referred to as alimony pendente lite or APL. As the name implies, alimony pendente lite is granted to the dependent spouse in order to enable him/her to live a similar standard of living as they did during the marriage, until permanent alimony is determined and finalized.
However, the question remains: how long does the temporary support last? In short, it lasts until the permanent support is issued by the court. Knowing how the court can determine the amount of and the duration of APL is crucial in order to give the parties an idea as to how long it will last and how it will be determined. Factors such as the financial situation of the parties as well as the standard of living that the parties had established during their marriage are among the key factors that the court will take into consideration when making a determination regarding APL.
The laws regarding temporary support during a divorce help individuals preparing for divorce know what to expect before entering into the divorce process. North Carolina and Florida bilingual support services are available for your Spanish-speaking family during this difficult time. Knowing the rules that your lawyer knows can help protect your rights throughout the process.
Contact us to speak with an experienced divorce attorney.
Frequently Asked Questions
What is temporary spousal support?
Temporary spousal support, also known as alimony pendente lite (APL), is financial assistance provided to a dependent spouse to help meet their expenses until a final divorce judgment is entered.
How is the amount of temporary spousal support determined in North Carolina?
In North Carolina, temporary spousal support awards are generally based on the gross income of the higher-earning spouse. Typically, the award is around 30% to 35% of that spouse's gross income.
What is the typical range for temporary spousal support payments in metropolitan areas of North Carolina?
Temporary spousal support payments in metropolitan areas of North Carolina typically range from $1,400 to $2,200 per month.
How long does temporary spousal support usually last?
Temporary spousal support usually lasts for a period of 12 to 18 months, but it can be modified by either party at any time without requiring a change in circumstances.
When does temporary spousal support end?
Temporary spousal support ends when the terms are changed by the parties or the court, or when the parties' financial circumstances are established on a permanent basis, at which point it may become permanent support.
Can the terms of temporary spousal support be changed?
Yes, the terms of temporary spousal support can be modified by either party at any time without needing a change in circumstances.
What should individuals do if they need assistance with spousal support during divorce proceedings?
Individuals seeking assistance with spousal support during divorce proceedings should consult experienced family law attorneys who can advise them on their rights to receive a spousal support award, whether temporary or permanent.
List of Sources
- Define Temporary Spousal Support
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- The Difference Between Permanent and Temporary Spousal Support? (https://wf-lawyers.com/orange-county/faq-what-is-the-difference-between-permanent-and-temporary-spousal-support)
- Spousal Support vs. Temporary Support: What’s the Difference? - Business and Family Lawyers (https://businessandfamilylawyers.com/legal-news/spousal-support-vs-temporary-support-whats-the-difference)
- Temporary spousal support | California Courts | Self Help Guide (https://selfhelp.courts.ca.gov/spousal-support/temporary)
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- Identify Factors Influencing Duration
- Spousal Support vs. Temporary Support: What’s the Difference? - Business and Family Lawyers (https://businessandfamilylawyers.com/legal-news/spousal-support-vs-temporary-support-whats-the-difference)
- Temporary spousal support | California Courts | Self Help Guide (https://selfhelp.courts.ca.gov/spousal-support/temporary)
- The Difference Between Permanent and Temporary Spousal Support? (https://wf-lawyers.com/orange-county/faq-what-is-the-difference-between-permanent-and-temporary-spousal-support)
- Temporary vs. Permanent Support: Ohio Divorce Guide (https://themeadelawgroup.com/blog/temporary-vs-permanent-spousal-support-ohio)
- Why is permanent support usually less than temporary support? - Legal Answers (https://avvo.com/legal-answers/why-is-permanent-support-usually-less-than-tempora-3120050.html)
- Request Temporary Spousal Support
- Law Firm of Ayo & Iken (https://myfloridalaw.com/divorce/temporary-relief-in-florida-divorce)
- Filing for Temporary Relief in Florida Divorces - Nilo J Sanchez, Tampa (https://divorce-lawyer-tampa.net/filing-for-temporary-relief)
- How NC Courts Decide Spousal Support in a Divorce | Vasquez Law Firm (https://vasquezlawnc.com/blog/spousal-support-nc-guide)
- How Does Temporary Spousal Support Work in Florida? - Law Offices of Matthew Z. Martell (https://mzmlaw.com/2025/10/21/how-does-temporary-spousal-support-work-in-florida)
- Ask for temporary spousal support | California Courts | Self Help Guide (https://selfhelp.courts.ca.gov/request-for-order/temporary-spousal-support)
- Understand Court Determinations
- Spousal Support in California: What Courts Consider When Awarding, Denying, or Modifying Alimony - The Law Office of Michael L. Fell (https://mfellfamilylaw.com/spousal-support-in-california-what-courts-consider-when-awarding-denying-or-modifying-alimony)
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- Temporary vs. Permanent Support: Ohio Divorce Guide (https://themeadelawgroup.com/blog/temporary-vs-permanent-spousal-support-ohio)
- Spousal Support » Supreme Court of Ohio (https://supremecourt.ohio.gov/courts/services-to-courts/domestic-relations-resource-guide/spousal-support)
