Family Court Playbook · Step 8 of 12
Spousal Support in California — How It Works, How Long It Lasts
Temporary vs long-term support, the 14 FC § 4320 factors, and how to request or modify support
Quick answer
California courts set long-term spousal support by weighing the 14 factors in Family Code section 4320, including the length of the marriage, each spouse's income and earning capacity, and the marital standard of living. Temporary support while the case is pending is often set by a local guideline formula instead.
What spousal support is
Spousal support — also called alimony — is a court-ordered payment from one spouse to the other, either during the divorce proceeding (temporary support) or after the divorce is final (long-term support). The purpose is to help the lower-earning spouse maintain a reasonable standard of living while they work toward financial independence. California courts are generally focused on making the supported spouse self-supporting within a reasonable time.
Temporary vs long-term support
These are two completely different calculations. Temporary support is ordered during the divorce proceeding and is calculated using a county-specific formula (like DissoMaster or Xspouse software). The calculation is relatively mechanical, similar to how child support is computed — income in, number out. Long-term support, ordered at trial or as part of the final judgment, is not based on a formula at all. The judge weighs 14 factors listed in Family Code § 4320 and crafts an order based on the specific facts of your case.
Two completely different calculations
The 14 factors the court considers
Family Code § 4320 lists the factors a judge weighs when setting long-term spousal support. In plain language, these are:
- Length of the marriage — the single biggest factor. Longer marriage generally means longer support.
- Each party's earning capacity — ability to maintain the marital standard of living through employment.
- Supporting party's ability to pay — the paying spouse's income after their own needs.
- Marital standard of living — the lifestyle both parties enjoyed during the marriage.
- Each party's assets, debts, and obligations — including separate property and community property division.
- Age and health of both parties — physical or mental condition that limits earning capacity.
- History of domestic violence — a documented history affects the court's analysis.
- Tax consequences — the tax impact of the support order on each party.
- Goal of self-sufficiency — the court expects the supported spouse to become self-supporting within a reasonable period.
The 10-year rule
How to request spousal support
File a Request for Order (FL-300) requesting spousal support. Attach FL-150 (Income and Expense Declaration) and FL-157 (Spousal or Partner Support Declaration Attachment). For temporary support during the proceeding, the court can order it at the first hearing. For long-term support, it is typically decided at trial or as part of the final judgment. You can also request temporary support on an emergency basis through an ex parte application.
How to modify spousal support
You can request a modification if there has been a material change of circumstances since the last order was made. Common reasons include job loss, retirement, a significant increase or decrease in either party's income, the supported spouse becoming financially self-supporting, or the supported spouse cohabiting with a new partner.
Cohabitation creates a legal presumption
How long spousal support lasts
The duration depends primarily on the length of the marriage. For marriages under 10 years, courts typically set support at half the length of the marriage. For marriages over 10 years, there is no automatic termination — the court retains jurisdiction indefinitely unless both parties agree to a cutoff date, or the court later sets one. Support ends automatically upon the remarriage of the supported spouse, the death of either party, or a court order terminating support.
Common questions
How does spousal support work?
Spousal support in California is based on 14 factors under Family Code § 4320 including length of marriage, each spouse's income and earning capacity, and standard of living during marriage. Temporary support uses a different formula than long-term support.
What can I do if the other parent violates our custody or support order?
You can ask the court to enforce the order. Contempt (forms FL-410 and FL-411 or FL-412) is one option, but it is quasi-criminal and the judge must find the other parent knew the order, could comply, and willfully refused. For many issues a Request for Order (FL-300) to enforce, make up time, or set wage garnishment is faster and less drastic.
Need to request or modify spousal support?
Our guided tool prepares your court paperwork — FL-300, FL-150, and FL-157.
Join the waitlist — $129 at launchA family law attorney will always have the biggest impact on your case. If you can afford one, we encourage you to hire one.