[CA] My spouse stopped paying spousal support while our divorce is pending. Should I request temporary or regular spousal support?
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Because the divorce isn’t finalized and you're still in the pre-judgment phase, you should request temporary spousal support. That’s different from permanent support—temporary support maintains the financial status quo while the divorce is pending.
Once the court enters a judgment and incorporates the MSA, then the regular spousal support terms (ending 7/31/2027) will take effect.
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I wanted you to look at this part of the MSA created on 11/3/2023 regarding spousal support. My spouse has not provided any support since April 2024 (he only paid for February, March, and April 2024). On the divorce paperwork, should I ask for temporary spousal support in line with the MSA, regular spousal support per the MSA, or both?
Thanks for the question. Are you asking if you should pursue both temporary and regular spousal support as per the MSA, or just focus on enforcing the MSA?
Yes, exactly. I haven’t filed the MSA with the court yet. I’m filing for divorce soon and wanted guidance before submitting the paperwork. I can also upload the relevant MSA page if helpful.
The MSA says: “Wife shall receive spousal support in a specified monthly amount starting on February 1, 2024, continuing for 4.5 years, ending on 7/31/2027.”
It also says: “The parties agree to review support after two years based on current financials using the formula: 40% of Husband’s income minus 50% of Wife’s income, assuming hers is lower.”
Have there been any financial changes that could affect the spousal support terms?
He’s unemployed right now but says he’s starting a new job next week. I earn so little I qualify for food stamps.
Are you trying to modify the MSA based on this, or enforce it?
I’m not modifying anything. I just want to enforce the MSA terms. Since he hasn’t paid since April, do I request temporary spousal support per the MSA, or just regular spousal support as outlined?
Hi! Glad to help again. To clarify, you're wondering whether to request temporary support while the divorce is pending, in addition to regular spousal support per the MSA, correct?
Yes. The MSA has a hard end date of 7/31/2027. Since he stopped paying in April, I want to know the best course of action.
Because the divorce isn’t finalized and you're still in the pre-judgment phase, you should request temporary spousal support. That’s different from permanent support—temporary support maintains the financial status quo while the divorce is pending.
Once the court enters a judgment and incorporates the MSA, then the regular spousal support terms (ending 7/31/2027) will take effect.
That helps. Also, in the MSA, there's a clause that “reserves the issue of spousal support for the Husband.” He made me include that. Does that mean anything?
That just preserves his right to ask for support in the future if roles reverse. It does not block your right to receive spousal support now. If he’s unemployed, the court may reduce the temporary support amount, but it doesn’t invalidate your claim.
Thank you. On the Petition (FL-100), since property is already divided in the MSA, do I leave item #9 (Separate Property) blank and use item #11 (Other Requests) to say “See attached MSA”?
Yes, exactly. You can check “There are no such assets” under community and quasi-community property. Then, under item #11, write:
“See attached Marital Settlement Agreement incorporated by reference.”
Make sure the MSA is clearly labeled and filed with your Petition.
One concern: My husband may try to claim our dog is not part of the MSA.
As long as the MSA covers the dog, the court will enforce it. Just make sure the MSA is attached and referenced clearly.
Should I use that same “See attached MSA” language in both item #11 and under spousal support?
Yes. For item #8 (Spousal Support), check “Other” and write:
“See attached Marital Settlement Agreement incorporated by reference.”
That keeps everything consistent.
Got it. One last thing—where and how do I let the court know his last payment was in April?
You’ll do that on Form FL-300 (Request for Order).
- Check box for “Spousal or Partner Support.”
- Then explain in the “Facts to Support” section: “My spouse last paid support in April 2024 and has not made any further payments, despite the terms of the MSA.
There isn’t a box that says “Temporary” on FL-300.
True. To specify that you want temporary support, attach Form MC-031 (Declaration). In that, clearly state you're requesting temporary spousal support per the MSA and explain why.
Okay, so I need to file FL-300 + MC-031. Can I file the Petition and Summons first, then do FL-300 later?
Yes, that’s totally fine. You can open the case first and then file the FL-300 + MC-031 later when you’re ready to request temporary support.
Where do I get MC-031?
Just search “MC-031 California courts” online. It’s a free judicial form.
Perfect. One last thing—I went to the Family Law Facilitator and they told me that if my husband doesn’t agree to the MSA anymore, it won’t hold up in court. They said I shouldn’t reference it in the Petition or Summons.
That’s incorrect advice. Your husband already agreed to the MSA. Just because he doesn’t want to follow it now doesn’t make it invalid. Courts routinely enforce signed MSAs. Including it in your Petition as a request doesn’t force the court to accept every term, but it does preserve your rights. Stick to your plan and don’t be discouraged by that.
