A California judge ordered Denise Richards to pay estranged husband Aaron Phypers $5,000 per month in temporary spousal support plus $30,000 in attorney fees in February 2026, despite Richards holding a permanent domestic-violence restraining order against him valid through 2030. For Californians, this shows temporary support is calculated on income and need, largely independent of unresolved abuse allegations.
Key Facts
| Item | Detail |
|---|---|
| What happened | CA judge ordered Denise Richards to pay Aaron Phypers temporary spousal support and fees |
| When | February 2026 |
| Where | California family court (Los Angeles County) |
| Support amount | $5,000/month temporary support + $30,000 in attorney fees |
| Who's affected | Higher-earning spouses in California divorces, regardless of restraining orders |
| Key statute | Cal. Fam. Code § 3600 (temporary support); § 4320 (support factors) |
| Impact | Temporary support turns on income disparity, not abuse allegations |
According to TMZ, the judge issued the temporary support order even though Richards obtained a permanent domestic-violence restraining order against Phypers effective through 2030. Phypers is separately claiming roughly 50% of Richards's OnlyFans earnings, arguing he shot the content that generated the income.
Why this matters legally
Temporary spousal support in California is calculated primarily on the income disparity between spouses, not on fault or abuse allegations. That is the core lesson of this order. Richards, as the higher earner, was ordered to pay Phypers $5,000 per month even while a restraining order remained in force against him. This surprises many people, who assume a domestic-violence finding disqualifies the abuser from receiving support.
The distinction lies in the type of support. Temporary (pendente lite) support under Cal. Fam. Code § 3600 exists to maintain the financial status quo while the divorce is pending. California courts commonly compute it using a guideline formula (often the Santa Clara or "DissoMaster" calculation) driven by each spouse's income. Fault and abuse generally do not enter this preliminary math. A 2001 amendment to Cal. Fam. Code § 4325 does create a rebuttable presumption against awarding support to a spouse convicted of domestic violence within the prior five years — but that presumption requires a criminal conviction, not merely a civil restraining order.
This is why a restraining order alone did not block Phypers's temporary award. A civil restraining order protects a victim from contact; a criminal conviction is what triggers the § 4325 support bar. That gap between civil protection and criminal conviction drives the seemingly counterintuitive result here.
How California law handles this
California separates temporary support from permanent (long-term) support, and the two use different standards. Temporary support under Cal. Fam. Code § 3600 prioritizes preserving the marital living standard during litigation and is largely formula-driven on income. Permanent support, decided at judgment, weighs the 14 discretionary factors in Cal. Fam. Code § 4320, which expressly include "documented evidence of any history of domestic violence" and any § 4325 conviction. So abuse allegations carry far more weight at the permanent-support stage than at the temporary stage.
On the OnlyFans dispute, California is a community property state under Cal. Fam. Code § 760. Earnings from labor performed during the marriage are generally community property divided equally (50/50). If Richards produced content during the marriage, income earned during that period is presumptively community, which is the legal foundation for Phypers's 50% claim. However, income earned after the date of separation is separate property under Cal. Fam. Code § 771, so the separation date becomes the critical dividing line for OnlyFans revenue.
Attorney-fee awards follow their own rule. Under Cal. Fam. Code § 2030, courts may order the higher-earning spouse to pay the other's fees to ensure both parties have equal access to legal representation. The $30,000 fee award to Phypers reflects this "leveling the playing field" principle, again independent of the restraining order.
Practical takeaways
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Understand that a restraining order does not automatically bar support. Under California law, only a domestic-violence criminal conviction within five years triggers the § 4325 presumption against support. A civil restraining order does not.
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Nail down your date of separation. Because earnings after separation are separate property under Cal. Fam. Code § 771, the separation date determines which income (including content-platform revenue) is divisible.
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Complete full financial disclosure. California requires preliminary declarations of disclosure under Cal. Fam. Code § 2104. Temporary support is calculated on disclosed income, so accurate reporting directly shapes the number.
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Distinguish temporary from permanent support. Expect temporary support to look purely financial. Reserve your domestic-violence evidence and § 4320 arguments for the permanent-support phase, where they carry real weight.
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Document any business collaboration. If a spouse claims a role in producing income (as Phypers claims with content creation), keep records showing who performed the labor and when, since community-property characterization turns on marital-period effort.
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Consult counsel early on fee awards. If you are the lower-earning spouse, Cal. Fam. Code § 2030 may entitle you to have the higher earner fund your representation, as the $30,000 award here illustrates.
If you are navigating a California divorce involving support, business income, or a restraining order, the interplay of these statutes is highly fact-specific. Speaking with a qualified California family law attorney early can help you understand how temporary support, community property, and disclosure rules apply to your particular situation.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.