Spousal Support in California — How It Works, How Long It Lasts

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.

The 14 factors the court considers

Family Code § 4320 lists the circumstances a judge must consider when setting long-term spousal support. In plain language, these are:

• Earning capacity and the marital standard of living. Whether each party's earning capacity is enough to maintain the standard of living established during the marriage, including the supported party's marketable skills, the job market for them, the time and cost of education or training, and any impairment from time spent out of work on domestic duties during the marriage (§ 4320(a)).
• Contributions to the other party's career. How much the supported party contributed to the supporting party's education, training, career position, or license (§ 4320(b)).
• Ability to pay. The supporting party's ability to pay, considering earning capacity, earned and unearned income, assets, and standard of living (§ 4320(c)).
• Needs of each party. Each party's needs based on the standard of living established during the marriage (§ 4320(d)).
• Obligations and assets. The obligations and assets of each party, including separate property (§ 4320(e)).
• Length of the marriage. The duration of the marriage (§ 4320(f)).
• Work and dependent children. Whether the supported party can work without unduly interfering with the interests of dependent children in that party's custody (§ 4320(g)).
• Age and health. The age and health of the parties (§ 4320(h)).
• Domestic violence. All documented evidence of any history of domestic violence between the parties, or by either party against either party's child (§ 4320(i)).
• Tax consequences. The immediate and specific tax consequences to each party (§ 4320(j)).
• Balance of hardships. The balance of the hardships to each party (§ 4320(k)).
• Goal of self-support. The goal that the supported party will be self-supporting within a reasonable period of time, which for a marriage that is not of long duration generally is one-half the length of the marriage (§ 4320(l)).
• Criminal conviction of an abusive spouse. A criminal conviction of an abusive spouse, considered in reducing or eliminating support under § 4324.5 or § 4325 (§ 4320(m)).
• Other just and equitable factors. Any other factors the court finds just and equitable (§ 4320(n)).

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 Domestic 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.

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.