How to Handle a Divorce When You Have No Income in California

If you are thinking about divorce but do not have an income right now, you are not out of options. California law allows either spouse to request temporary spousal support and, in many cases, attorney fees when there is a significant income gap. That support can provide breathing room while the case moves forward and can be included in the final judgment to protect both your immediate needs and your long-term financial future.

Your rights and options in California

Even if you are not currently working, you can ask the court to order temporary spousal support. The purpose of temporary support is to maintain both parties at relatively the same standard of living they enjoyed during the marriage while the divorce is pending. The court can also require the higher earning spouse to pay reasonable attorney fees and costs so you can get legal help when you need it.

Key points to know

• Temporary spousal support is separate from final spousal support and can be awarded while the case is active.
• The court considers factors like income, earning capacity, length of the marriage, and each spouse’s needs and expenses.
• Attorney fees can be ordered when one spouse cannot afford counsel and there is a disparity in incomes.

How temporary spousal support works

To obtain temporary spousal support you need to ask the court in your initial filings or by motion. The court will review financial disclosures from both sides, including income, assets, debts, and monthly expenses. If the court finds a significant disparity, it can order temporary payments until the final judgment resolves long-term support, property division, and other issues.

What to expect during the temporary support process

• Prepare and file required forms and income and expense declarations.
• Exchange financial information with your spouse. Full disclosure is required under California law.
• The court may set a hearing to decide temporary support if the parties cannot agree.
• Any temporary support order can be incorporated into the final judgment so the arrangement continues until modified by agreement or court order.

Attorney fees and litigation costs

If you are unable to afford an attorney, the court can require the higher earning spouse to pay for reasonable attorney fees and costs. This fee shifting ensures that both parties have access to legal representation and that the case is decided fairly. When asking for fees, be prepared to demonstrate your financial need and the other party’s ability to pay.

Real client example

We recently helped a client who had not worked in over 10 years while her spouse was the primary earner. We filed for temporary spousal support and requested attorney fees. The court granted temporary support and the ordered support was included in the final judgment. That support gave her immediate financial stability and helped protect her long-term needs after the divorce.

Protections to include in your judgment

When negotiating a settlement or preparing for a judgment, consider including protections that address both short-term and long-term needs. Common protections include

• Temporary spousal support amounts and duration, with a plan for modification if circumstances change.
• Provision for attorney fees and costs to ensure access to counsel.
• Specific orders for payment of household expenses, rent or mortgage, and utilities during the divorce.
• Health insurance continuation or reimbursement if one spouse loses coverage.
• Clear division of assets, debts, and retirement accounts to avoid future disputes.
• Enforcement provisions and language about arrears and remedies if payments are missed.

Documents and information you will need

Getting organized makes the process move faster and strengthens your position. Collect

• Recent pay stubs or proof of income for both spouses, if available.
• Bank statements, credit card statements, and investment account statements.
• Monthly bills and expense records showing housing, utilities, healthcare, childcare, and other recurring costs.
• Tax returns for the last 2 to 3 years.
• Documentation of any separate assets or debts you believe should be excluded from community property.

How we can help

We prepare and file the required forms, calculate support when needed, and make sure your judgment includes protections for both immediate and long-term needs. If you cannot work right now, we help you request temporary spousal support and attorney fees so you can get through the process without undue financial hardship.

Next steps

If you are worried about how to handle divorce with no income, start by collecting your financial information and scheduling a consultation. You can visit divorce661.com and schedule a free consultation. We will walk you through your options and help you move forward, no matter where you are starting from.

Website: https://www.divorce661.com