Interim Division

During the pendency of a divorce, the court must complete an interim division of income and expenses. Most people think this is interim child support or alimony and that is not the case. Interim division occurs during that odd time period where the parties are technically married, but desiring a divorce. Technically, the income and debts of the parties are still classified as community and therefore the court, to stay true to the principles of community property, must divide these assets and debts in the interim until the divorce is granted. The theory behind interim division is that there should be an equal split of community income and debts. To accomplish this the court looks at each party’s net monthly income and reduces it by certain fixed expenses. Not all expenses are included…such as gas for the care or haircuts. However, bigger expenses such as insurance, housing, credit cards, etc. are included. At the end of the calculation there is a net amount left over that then needs to be divided equally between the parties. This results in one party paying the other, in most cases. It gets even more complicated when children are involved as the interim division calculation includes consideration for some form of child support. The challenge with interim division is the ambiguity of the monthly income and expenses. For this reason it is important to discuss your calculations with one of the divorce experts at Justice Legal Group.

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