Spousal Support 101: A Guide to Payments in a California Divorce

Weddings can be an expensive way to start a marriage; and divorce can be a costly way to end one.

A marriage’s financial obligations do not necessarily end when the relationship ends. One of the most significant financial considerations when ending a marriage is spousal support (alimony), court-ordered payments from one spouse to another to help them cover their monthly living expenses.

California Spousal Support

In California, a judge may order spousal support in cases of divorce, legal separation, or domestic violence restraining orders. There are two main types:

1. Temporary spousal support: During the divorce process, the court may order payments to assist the lower-earning spouse in maintaining financial stability until the case is final. If no prior agreement exists, either spouse can request the court ordered payment via a calculation.
2. Long-term (permanent) spousal support: Payments made after the divorce is finalized, intended to provide ongoing financial support to the lower-income spouse. The recipient’s financial need and the other spouse’s ability to pay are factors in determining the amount.

Determining Spousal Support Payments

When awarding long-term spousal support, courts utilize California Family Code Section 4320, which outlines several key factors to ensure fair and equitable payment and determine the length and amount of support. Some of these factors include:

• Length of marriage: For marriages under 10 years, support usually lasts half the length of the marriage. For marriages over 10 years, there is no predetermined end date, and the court may require continuous payments until the parties’ circumstances change.
• Age and health of each spouse: Courts evaluate medical conditions that may affect a spouse’s ability to support themselves.
• Earning capacity: Each person’s skills, education, and job opportunities come under court scrutiny when assessing financial independence.  
• Standard of living: The court attempts to keep both spouses close to the standard of living established during the marriage.
• Ability to pay and maintain financial stability: Whether or not the paying spouse can meet support payments while maintaining their economic well-being will also be considered by the courts.
• History of abuse: Domestic violence can affect one spouse’s financial dependency on the other.

Possible Modifications to Alimony

Long-term spousal support is not always permanent. Courts can modify or terminate it under certain circumstances, such as:

• Death of either party
• A change in income for either spouse,
• The receiving spouse remarries; or
• The paying spouse retires.

California’s family law courts will also consider other financial obligations stemming from divorce, like the division of assets and child support when determining spousal support.

Final Thoughts

Navigating spousal support in California can be difficult. In addition to Family Code Section 4320, prenuptial and postnuptial agreements can significantly impact the process. Since each case is unique, consulting an experienced family law attorney can help ensure a fair and favorable outcome during this challenging time.

Vanessa Soto Nellis is a Certified California Family Law Specialist at Lewitt Hackman.