An Important Consideration in Divorce—Interim Division

An often confusing aspect of divorce is what happens during the time frame from the time the divorce is filed to the time that the divorce is granted. How does the proceeding impact on support, financial obligations, bills, etc. That is where interim division comes into play. The theory behind interim division is that the income and debts of the parties remains community property/income/debt during the pendency of the case that is supposed to be split equally between the parties. Thus, the court has a formula for determining an interim division whereby the court takes the net monthly income of each party and deducts fixed monthly expenses.

The thought is that both parties should end up with the same amount of money each month. The interim division calculation is very ambiguous as parties can argue over the fixed expenses, the actual net income and cash flow. Moreover, the interim division does not take into consideration other expenses such as gas, food, and other incidental expenses. This is why it’s important to get good quality advice when it comes to interim division. Know your rights and your potential exposure and steps you can take to minimize the negative impact of interim division on your lifestyle.

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