Understanding Interim Division

There is a little known aspect of a divorce that impacts almost every family. People are usually aware of child support and spousal support but very few people have heard of interim division. The theory behind interim division is that while your divorce is pending the court must divide ongoing income and expenses equally because we are a community property state.

From your perspective, once you file for divorce you feel that you are already divorced. However, from the court’s perspective you aren’t divorced until a final order is entered. Thus, while you may be separated the income and expenses of both parties remains community property and community debt. Therefore, there must be a calculation to divide this. That is where interim division comes into play.

The court will take each parties’ net income and ongoing monthly expenses and subtract the expenses from the income. The party who has money left over pays ½ of it to the other side. There is also a child support aspect to the interim division calculation. Interim division is huge because it becomes a way for the “receiving” spouse to drag out the case and hurt the “paying” spouse. You need to be prepared for interim division.

If you have questions about how interim division can impact on you then contact the experts at Justice Legal Group by calling us at 505-880-8737 or emailing us at info@justicelegalgroup.com.