Temporary spousal support is different than post-divorce spousal support.

In Texas, temporary spousal support to be paid while a divorce is pending is based on the concept that each spouse has a legal duty to support the other spouse. So, until the divorce is final, the legal duty of support comes into play. Judges often base their decisions on issues of temporary support on a theory of preserving the status quo until the divorce can be finalized. So, if there is a history of the husband providing the income to pay the marital obligations, then that may likely continue. If there has been a pattern where both spouses make income that is used to pay the marital bills, then a Judge will consider making that part of the temporary orders. The main concern in reaching a temporary order is to make sure that both spouses have sufficient means with which to meet their reasonable and necessary obligations. A judge will allocate the income coming in to the marriage to accomplish this goal. This may be accomplished with an order for one spouse to pay the bills of the other spouse, for one spouse to provide a monthly stipend of spousal support to the other spouse, or with an order for each person to use their monthly income to pay certain obligations assigned to them.

Temporary orders usually last in duration for the entire pendency of the divorce. However, it is becoming increasingly popular for judges to limit a temporary spousal support award to a short period – say, 90 days – providing a sufficient time for the spouse needing support to obtain employment and resolve the divorce.

There are no statutory guidelines for temporary spousal support orders as there are with orders for post-divorce spousal maintenance.

It is important to note that temporary spousal support also differs from the legally required temporary child support.

Read more posts about temporary orders:Temporary Orders Hearing: Step 2 of the Divorce Proceeding