California Spousal Support (Alimony): A Complete Guide

Spousal support (also called alimony) is financial support paid by one former spouse to the other after separation or divorce. California law provides a flexible framework for determining whether support should be awarded, how much, and for how long.

Types of Spousal Support in California

California recognizes two types of spousal support:

Temporary Spousal Support

Paid during the divorce process (from separation until final judgment). Temporary support is based on a formula (9-8-7 guideline) and is designed to maintain the status quo while the divorce is pending.

The 9-8-7 Rule:

• 9% of the higher earner’s gross income
• Minus 8% of the lower earner’s gross income
• Adjusted for time share (divided by 7 for daily rate, then multiplied by days/month)

Permanent Spousal Support

Paid after the divorce is finalized. Despite the name, “permanent” support in California is usually for a limited duration (typically half the length of a short-term marriage). The court considers 12 factors to determine the amount and duration.

The 12 Factors for Permanent Spousal Support

Under California Family Code §4320, the court considers these factors:

1. Earning capacity of each party
2. Marketable skills and the time needed to acquire education or training
3. Extent to which the supported party contributed to the other’s education or career
4. Standard of living established during marriage
5. Duration of the marriage
6. Age and health of each party
7. Debts and assets of each party
8. Child support obligations
9. Hardship to either party
10. Domestic violence (reduces or eliminates support for the abuser)
11. Tax consequences of support
12. Any other factors the court deems just and equitable

Duration Guidelines

Short-Term Marriages (Under 10 Years)

For marriages lasting less than 10 years, spousal support is typically ordered for half the length of the marriage. For example, a 6-year marriage would result in approximately 3 years of support.

Long-Term Marriages (10+ Years)

For marriages lasting 10 years or longer, the court has discretion to order support for an indefinite duration. However, this does not mean support continues forever — “indefinite” means the court retains jurisdiction, and support can be modified or terminated upon a change in circumstances.

Calculating Spousal Support Amount

California does not have a fixed formula for permanent spousal support. However, many counties use guidelines:

• Los Angeles County: Often uses the “Santa Clara guideline” — 40% of the higher earner’s net income minus 50% of the lower earner’s net income
• Other counties: May use similar guidelines or rely more heavily on the §4320 factors

Note: Spousal support is separate from child support. Both can be ordered in the same case. See our Alimony Estimator for a rough calculation.

Tax Treatment

Important: For divorces finalized after December 31, 2018:

• Spousal support is NOT tax-deductible for the payer
• Spousal support is NOT taxable income for the recipient

This changed under the Tax Cuts and Jobs Act of 2017. For divorces before 2019, the old rules (deductible for payer, taxable for recipient) still apply.

Modifying Spousal Support

Spousal support orders can be modified when there is a material change in circumstances:

• Loss of employment
• Serious illness or disability
• Remarriage (automatic termination of support in most cases)
• Cohabitation with a new partner (can be grounds for reduction or termination)
• Retirement
• Change in income of either party

To request modification, file Request for Order (FL-300).

Termination of Spousal Support

Spousal support ends automatically upon:

• Death of either party
• Remarriage of the supported party
• Court order terminating support

The support order may also specify a termination date or event.

Frequently Asked Questions

Can spousal support be waived?

Yes. Spousal support can be waived by agreement in a prenuptial agreement, postnuptial agreement, or marital settlement agreement. However, the court must approve any waiver if it is unconscionable at the time of judgment.

What if my ex refuses to pay?

If spousal support is court-ordered and your ex refuses to pay, you can:

1. File a motion for contempt
2. Request wage garnishment
3. Ask the court to collect through the California State Disbursement Unit
4. Seek interest and penalties on unpaid support

How does cohabitation affect support?

If the supported party cohabitates with a new partner, this is a recognized change in circumstances. The paying party can file a motion to reduce or terminate support based on reduced need.

Can I get spousal support if I was never married?

No. Spousal support only applies to marriages and registered domestic partnerships. Unmarried couples do not qualify for spousal support.

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Next Step: Use our Alimony Estimator for a rough estimate of spousal support in your situation.