Children of the 80’s and 90’s may remember Frances Bean Cobain best as perhaps one of the most famous rock star children ever. Born in 1992 to Hole singer Courtney Love and Nirvana frontman Kurt Cobain – who was the most talked-about musician on the planet at the time – Frances was the subject of public fascination as well as custody battles and child welfare services investigations since she was two weeks old. Fast forward to today, and Cobain is a 24-year old woman who is already going through a divorce, with legal issues continuing to surround her. In late September, news came out that Cobain was ordered by a family court judge in Los Angeles Superior Court to pay a total of $48,000 in temporary spousal support payments to her estranged husband Isaiah Silva as well as $15,000 in attorney fees. This may come as shocking news to some given her circumstances, but it is actually not at all out of that ordinary for a California divorce proceeding, as we address common questions about the award.
Can a Wife Be Required to Pay Spousal Support to a Husband?
Most Californians probably understand this by now, but, for those that do not, yes, California law takes a gender-neutral approach to spousal support. Either spouse can be required to pay spousal support to the other spouse, regardless of their respective genders.
What is Temporary Spousal Support?
Temporary spousal support is spousal support that one spouse is required to pay another spouse for a limited period of time, usually the time it takes for the divorce proceedings to reach their completion. A divorcing spouse can file for temporary spousal support as soon as initial documents are filed in a California divorce. In this case, Cobain is required to make four monthly payments of $12,000.
Why Such a High Amount For Such a Brief Marriage?
When calculating temporary spousal support in California, a judge usually takes the respective incomes of both spouses and feeds them into a formula which requires the spouse with the higher income to pay some portion of the difference in incomes between the two spouse’s incomes. How long the spouses were married is generally of no consequence in awarding temporary spousal support. So, despite the fact Cobain and Silva were married for only two years, the fact that Cobain is a benefactor of her father’s estate – valued at around $450 million – indicates there is a significant income difference between her and her musician husband.
Why Does She Have to Pay His Attorney Fees?
Although the award of attorney fees is not a requirement in a temporary spousal support order, a judge may sometimes award attorneys fees where there is large imbalance between the financial resources of the two spouses as appears to be the case with Cobain and Silva.
Does This Mean He Gets $12,000 For Life?
Not at all. Again, temporary spousal support is only intended to be paid during the course of the divorce proceedings themselves, and is meant to help the dependent spouse maintain his or her standard of living as they adjust to a new life outside of the marriage. A permanent spousal support order will take effect in the finalization of a divorce, and a judge will look at a whole range of factors in determining how much spousal support should be paid and for how long. As a general practice, a judge presiding over the divorce trial of a marriage of brief duration will award spousal support for roughly half the length of the marriage itself. Parties may also negotiate an agreement with one another regarding spousal support. According to reports, Silva is asking for $300,000 in annual spousal support (or $25,000 a month) in part because he is supporting a daughter from a previous relationship.
For any questions on spousal support or any other aspect of divorce law in California, contact the Law Office of Kelley Finan today to schedule a consultation to discuss your circumstances.