Can I ask for spousal support while I am incarcerated?

You can request spousal support while you are incarcerated but the judge will likely not grant it.[2603] The process is the same as it would be if you were not incarcerated. See the preceding question for information on how to request spousal support.

A judge, when ordering spousal support, looks at the receiving spouse’s need for the money to meet basic expenses.[2604] It will be extremely hard for you to justify the need for financial support from your spouse while you are incarcerated because the federal, state or county institution where you are serving your sentence is already providing you with your basic necessities such as food, clothing and shelter and you do not have personal expenses during your incarceration.

Therefore, it is advised that you ask the judge to hold on making a determination as to spousal support until you are released.

  1. 2603

    See http://www.prisonerswithchildren.org/wp-content/uploads/2013/01/Manual-on-Divorce-Issues.pdf (“It is unlikely that the court will order your spouse to pay you spousal support (alimony)as long as you are incarcerated. When you are released this can change, so it is best to ask the court to put off any decision about spousal support until you are released. This way you can avoid going through the procedures for a change in support payments (which can be more time-consuming and difficult).” ↑

  2. 2604

    John S. Yohanan, California Court: “It’s Time” Not Enough to Justify Cutting of Spousal Support – In re Marriage of Navratil (June 30, 2015), http://www.bayareadivorceattorneyblog.com/2015/06/30/california-court-its-time-not-enough-to-justify-cutting-of-spousal-support-in-re-marriage-of-navratil/. ↑