How to File for Spousal Support in California

In California, asking for spousal support is part of the family law case itself, and the steps depend on whether you are asking for temporary support while the case is pending, long-term support at the end, or both. This guide explains how to file, which forms to use, and what to expect along the way.

Where and When to File For Spousal Support

You do not file for spousal support as a standalone lawsuit. In California, spousal support is requested within an existing family law case. That means you need to have an open divorce, legal separation, nullity (annulment), or, in some situations, a domestic violence restraining order (DVRO) case before you can ask a judge to order support.

If you are the one initiating the divorce, you open the case by filing two forms with the Superior Court: a Petition for Dissolution of Marriage (FL-100), which tells the court what you’re asking for (including support, custody, and property division), and a Summons (FL-110), which formally notifies your spouse that the case has been filed. If your spouse filed first, you enter the case by filing a Response to Petition (FL-120).

You file in the Superior Court of the county where either you or your spouse currently lives. Family law cases are handled in the family division of that court. Once the case is open and has a case number, both tracks for requesting spousal support become available to you.

Timing matters here. You can ask for temporary spousal support as soon as the case is filed. You do not need to wait for your spouse to respond, and you do not need to wait for the divorce to be finalized. In fact, filing your support request early is one of the most important things you can do. 

Judges often start temporary spousal support as of the date you filed your Request for Order, so the earlier you file, the more support you may ultimately receive, even though the court has discretion and retroactivity is not guaranteed.

Two Forms, Two Purposes: How Temporary and Long-Term Requests Work Together

California uses two separate filings because temporary and long-term support serve different purposes and are decided at different points in the case.

FL-100 Preserves Your Request for Long-Term Support

On the Petition, it is labeled “Spousal or Domestic Partner Support.” Checking that box tells the court, “I want spousal support to be part of the final judgment in this case.” You don’t write a dollar amount, and you don’t specify temporary or permanent.

You’re formally asking the court to address support at the end of the case, whether that happens through a settlement, a default, or a trial. If you do not request spousal support in your Petition (or Response), the court may treat your right to support as waived and may decline to include spousal support in your final orders.

FL-300 Requests Temporary Spousal Support

This is a separate filing, submitted in the same case, that asks a judge to set a specific monthly support amount while the divorce is still pending. The FL-300 is paired with financial documentation (more on that below), and the court schedules a hearing where both sides present their positions.

Without the FL-300, you’ve only signaled that you may seek support at the judgment stage through the Petition. The FL-300 is what turns that request into an actual order with real money attached.

Here’s how the two work together in practice: you check the spousal support box on FL-100 so long-term support is part of the final case outcome. Then you file an FL-300 in the same case to request temporary support while the case is pending. The temporary order stays in effect until the judge enters a final judgment, at which point the long-term order (if any) automatically replaces it.

Many attorneys recommend filing both at the same time so the temporary support request starts moving through the system immediately.

Do You Qualify for Spousal Support in California?

Spousal support usually comes down to two basic questions: does one spouse need financial support, and does the other have the ability to pay it? For temporary support, courts focus heavily on current income, expenses, and the gap between them. 

For longer-term support, the court looks more closely at the factors in California Family Code Section 4320, including the length of the marriage, each spouse’s earning capacity, the marital standard of living, and other case-specific facts.

Spousal support is not limited by gender, and either spouse may be able to request it depending on the facts.

How to File for Temporary Spousal Support in California

Temporary support is requested through the Request for Order (FL-300). This is the form that gets you in front of a judge for a hearing on interim support. You’ll also need an Income and Expense Declaration (FL-150), which is a detailed financial snapshot that shows the court exactly what you earn and what you spend each month.

Step 1: Complete the FL-300 

At the top, fill in the case caption and case number to match your divorce or legal separation case. Find “Spousal or domestic partner support.” Check the box to start support and write the monthly dollar amount you’re requesting.

Step 2: Write Your “Facts to Support” Statement (Item 9)

The FL-300 asks you to explain, in your own words, why the court should grant your request. You’re writing under penalty of perjury, so everything here should be factual and verifiable. The court limits this section to 10 pages unless you get permission for more. 

If you need additional space, check the box for “Attachment 9” and continue on a separate Attached Declaration (MC-031).

A strong statement answers three questions: what you need, why you need it, and why your spouse can pay. Start with your income and employment situation. If you’re working part-time, explain why. If you left the workforce to raise children or support your spouse’s career, say so. 

Then lay out your monthly expenses in specific terms: rent, childcare, insurance, transportation, groceries, medical costs. The goal is to show the judge the gap between what you earn and what it costs to maintain a reasonable standard of living. Finally, address the income disparity between you and your spouse.

Here’s a hypothetical example of how this might read:

“I was married to my spouse for 14 years. During the marriage, I reduced my work schedule to part-time so I could care for our two children, who are now 8 and 11 years old. I currently earn about $2,800 per month. My spouse earns about $14,000 per month as a software engineer. My monthly expenses, including rent ($2,400), childcare ($1,200), utilities ($350), transportation ($400), groceries ($600), and health insurance ($250), are about $5,200. I am requesting $3,000 per month in temporary spousal support to help cover the gap between my income and my reasonable monthly expenses while this case is pending.”

That kind of specificity gives the judge something concrete to work with.

Step 3: Complete Your Income and Expense Declaration (FL-150) 

This form is the financial backbone of your request. It covers your monthly income from all sources, your monthly expenses, your assets, and your debts. Attach your last two months of pay stubs. 

If you’re self-employed or your income varies month to month, include recent profit-and-loss statements or bank statements so the court can see your actual earnings. Some counties accept a shorter version called the Financial Statement Simplified (FL-155) if there is no real property, business interests or significant assets involved, but FL-150 is the standard for spousal support requests.

Step 4: File Everything With the Court

Submit your completed FL-300 and FL-150 (with attachments) to the clerk at the Superior Court where your case is pending. The filing fee for an FL-300 is $60 in most California counties. 

If this is the first document you’ve ever filed in the case (meaning you haven’t yet filed a Petition or Response), an additional “first paper” filing fee applies.

State law currently sets the statewide base first‑paper fee for most family law matters at $435, but local surcharges may change the total. Always check the Judicial Council’s statewide civil fee schedule and your local Superior Court’s website for the most current amounts. 

Many California courts now accept electronic filing for family law documents; check your county’s Superior Court website for e-filing options.

Step 5: Serve Your Spouse

After filing, your spouse must be formally served with the paperwork before the court can hold a hearing. California law requires that someone other than you, at least 18 years old, deliver the documents.

For a step-by-step walkthrough of California’s service requirements, deadlines, and proof-of-service forms, see our guide on how to serve someone court papers in California. 

Most California requests for orders must be personally served at least 16 court days before the hearing, and even earlier if you serve by mail instead of personal service.

Once served, your spouse has the opportunity to file a Responsive Declaration to Request for Order (FL-320) at least nine court days before the hearing.

How to Request Long-Term Spousal Support on Your Petition

Long-term support is requested through your Petition for Dissolution of Marriage (FL-100) or, if you’re the responding spouse, your Response (FL-120). The filing is simpler than the temporary process, but one common mistake here can permanently end your right to support.

Step 1: Find Item 8 on page 3 of FL-100. This section is labeled “Spousal or Domestic Partner Support.”

Step 2: Check the box under Item 8a. Select Petitioner or Respondent, depending on your role in the case. This tells the court you want spousal support considered as part of the final judgment. Do not write a dollar amount. Item 8a is a request for the court to decide support, not a request for a specific sum. 

The actual amount and duration of long-term support are determined later, either through a negotiated settlement, a default judgment, or a trial where the judge evaluates the full set of Family Code Section 4320 factors (presented on form FL-157).

Step 3: Leave Item 8b unchecked for yourself. This is the critical step. Item 8b reads “Terminate (end) the court’s ability to award support to” followed by checkboxes for Petitioner and Respondent. If you check that box for yourself, you are asking the court to permanently waive your right to receive spousal support. 

If the court grants an order or judgment terminating its ability to award support to you, it can be very difficult or impossible to get that jurisdiction back later. If there is any possibility you may need support during or after the divorce, leave 8b unchecked for yourself.

This matters even if you don’t think you need support right now. Life changes. Jobs are lost. Health issues arise. For marriages the court finds to be of “long duration,” there is a presumption that a marriage of 10 years or more is long in duration, and the court generally retains jurisdiction over support indefinitely under Family Code Section 4336, unless there is a written agreement or court order terminating spousal support or jurisdiction.

This means either spouse can typically come back and request a modification if circumstances shift, as long as the court has not terminated support or its jurisdiction to order it. But that safety net only exists if you kept the option open when you filed.

If you are responding to a divorce (FL-120), you will see the same language in Item 8b on your Response form. Leave 8b unchecked for yourself unless you are absolutely sure you want to permanently waive the court’s power to ever award you spousal support in this case.

Documents You’ll Need

For Temporary Support (FL-300 Filing)

• Request for Order (FL-300)
• Income and Expense Declaration (FL-150), or Financial Statement Simplified (FL-155) if you qualify
• Last two months of pay stubs, attached to FL-150
• Profit-and-loss statements or bank statements, if self-employed or income varies
• Attached Declaration (MC-031), if your Item 9 facts exceed the space on FL-300

For Long-Term Support (Petition Stage)

• Petition for Dissolution of Marriage (FL-100) with Item 8a checked, or Response (FL-120) with the equivalent spousal support box checked

For Long-Term Support (Trial or Settlement Stage)

• Spousal or Domestic Partner Support Declaration Attachment (FL-157), addressing the Section 4320 factors
• Updated Income and Expense Declaration (FL-150)
• Supporting financial records (tax returns, business valuations, investment statements)

If Requesting Attorney’s Fees

• Request for Attorney’s Fees and Costs Attachment (FL-319), filed with your FL-300
• Supporting Declaration for Attorney’s Fees and Costs Attachment (FL-158)

Under California Family Code Section 2030, the court can order your spouse to contribute to your attorney’s fees if there’s a significant income disparity between you and necessary to ensure both parties have adequate legal representation. This request can be included on the same FL-300 you use for your support request, and many people overlook it.

What Happens at the Hearing

Temporary support hearings are typically short, often 15 to 30 minutes. Both spouses (or their attorneys) appear, and the judge will have already reviewed the FL-300, FL-150, and any responsive filings before the hearing begins. The hearing is less about introducing new information and more about clarifying each side’s financial picture and resolving any disputes over income or expenses.

Judges in California use guideline software (such as Xspouse) to calculate temporary support based on both spouses’ reported incomes. The FL-150 is the primary input for that calculation, which is why completeness and accuracy matter so much. 

If your income and expense figures are incomplete or don’t line up with your pay stubs and bank records, it raises credibility questions that can weaken your request. If your spouse disputes the numbers, the judge may ask follow-up questions or request additional documentation.

If temporary support is granted, the order typically takes effect on a date set by the court, which may be the date the order is signed or a retroactive date the judge chooses (for example, the date the request was filed). That order stays in place until the judge enters a final judgment. At that point, any long-term support order replaces the temporary one.

Long-term support is handled separately, usually at the very end of the case. It’s resolved through a negotiated settlement agreement, a default judgment if your spouse didn’t participate, or a trial where the judge evaluates the full list of Section 4320 factors.

This is a more involved process than the temporary hearing, and many people retain an attorney specifically for this stage even if they handled earlier filings on their own.

Common Mistakes That Can Delay or Hurt Your Request

Waiting too long to file the FL-300. Courts have discretion to make temporary support orders retroactive, but there is no automatic right to retroactive temporary support back to the date of separation. The longer you wait to file, the more limited the period may be for which the judge is willing to order support.

Submitting an incomplete FL-150. Blank sections, rounded estimates without documentation, and missing pay stubs all undermine your credibility. The Income and Expense Declaration is the backbone of your support request. Treat it that way.

Checking Item 8b for yourself on FL-100. This permanently asks the court to terminate its ability to award you spousal support. It’s one of the most consequential boxes on the entire petition, and it’s easier to check by accident than you’d think. Review Item 8 carefully before filing. If you’re unsure, ask your court’s family law facilitator or self-help center for guidance.

Failing to serve your spouse properly. The court cannot hold a hearing unless your spouse received proper legal notice. Improper service, such as having someone involved in the case deliver the papers or serving too close to the hearing date, can result in the hearing being postponed or the request being denied.

Not requesting attorney’s fees when there’s a financial imbalance. Under California Family Code Section 2030, the court can order one spouse to contribute to the other’s attorney’s fees so both sides have access to legal representation. If you’re the lower-earning spouse and you’re struggling to afford an attorney, you can include a request for attorney’s fees on the same FL-300 filing by attaching a Request for Attorney’s Fees and Costs Attachment (FL-319).

Need a Service Lawyer?

Learn How We Handle Spousal Support Matters in California.