In California, divorcing parties may have different earning capacities that would otherwise make the standards of living they could achieve after divorce very disparate without the application of spousal support rules. Spousal support is not automatic. Understanding how it works can help spouses better prepare for the future and know what to anticipate.
Coordinate support decisions with the related issues covered in our divorce and property division guides to keep financial planning aligned.
Defining Spousal Support
Spousal support (commonly called alimony) is a payment from one spouse to another that begins after the couple separates or divorces. Spousal support is paid due to a court order or pursuant to an agreement between the parties.
Purpose of Spousal Support
Spousal support recognizes the contributions that a spouse made to the marriage, often due to sacrificing career ambitions to support the other spouse's career or to raise children. It helps a lower‑earning spouse maintain a lifestyle similar to that enjoyed during the marriage and prevents unfair economic hardship after separation.
Types of Spousal Support
California recognizes two primary types of spousal support:
- Temporary spousal support (pendente lite) – Paid during the course of divorce proceedings to help maintain financial stability until a final judgment. Temporary support usually ends when a long‑term or "permanent" support order is entered.
- Long‑term (post‑judgment) spousal support – Often called "permanent" support, though it is rarely lifelong. It begins after the divorce judgment and continues for a period determined by agreement or court order, subject to modification.
Requesting Spousal Support
Spousal support is not mandatory in every divorce. Either spouse may request temporary, long‑term, or both types of support. The request can be made in cases for legal separation, dissolution (divorce), annulment, or domestic violence.
Spouses may also agree to spousal support through a written agreement. This prevents the judge from deciding the issue, but the agreement must still be submitted to and approved by the court. The agreement may specify the amount, duration, and payment method (such as automatic wage deductions). Once signed by a judge, it becomes an enforceable court order.
Factors Considered by Courts
When deciding whether to order long‑term spousal support, the court follows California Family Code § 4320, which lists several factors, including:
- The length of the marriage
- The age and health of each spouse
- The debts and assets of both parties
- Each party's earning capacity and ability to maintain the marital standard of living
- The supported spouse's needs and contributions to the marriage
- Any history of domestic violence
- Whether caring for children limits a spouse's ability to work
- The tax consequences to each party
The court also considers the supported spouse's earning capacity, including:
- Marketable skills and job opportunities
- Time and cost required to obtain training or education
- Whether unemployment resulted from domestic duties or supporting the other spouse's career
Determining Temporary Spousal Support
While the above factors guide long‑term support, temporary support is often calculated using local guideline formulas and software (such as DissoMaster). These formulas vary by county and are not mandated statewide. They primarily consider each spouse's income and allowable deductions.
(Note: The previous text mistakenly referred to "temporary child support" — the correct term is "temporary spousal support.")
Duration of Long‑Term Spousal Support
The court decides how long post‑judgment support will last. Support orders are tailored to each case:
- For marriages under 10 years, a common guideline is that support lasts about half the length of the marriage (measured from date of marriage to date of separation). This is not an absolute rule; the court may order more or less depending on the facts.
- For marriages of 10 years or more, known as long‑duration marriages (Family Code § 4336), the court may retain jurisdiction indefinitely to modify or terminate support, but it does not guarantee lifetime support.
Support typically ends when the supported spouse becomes self‑supporting, remarries, or either party dies.
There is no statutory rule requiring support to end at age 65. However, retirement may be treated as a change of circumstances that justifies reducing or ending support.
Special Considerations
Courts can make Smith‑Ostler orders, requiring a payor to pay a percentage of bonuses or overtime income as additional support. If a spouse is voluntarily unemployed or underemployed, the court may impute income based on what that person could reasonably earn. Vocational evaluations may be ordered to assess earning capacity.
When children are involved, review our child support guide to see how shared earnings affect combined family obligations.
Modification of Spousal Support
Spousal support can be changed if there is a material change in circumstances, such as job loss, retirement, or significant income change—unless the order or agreement is expressly non‑modifiable. Either spouse can request modification or termination through a new written agreement or court petition.
Visit our modification and enforcement page for a step-by-step look at filing FL-300 and preparing evidence.
Tax Treatment of Spousal Support
Tax treatment depends on when the divorce or separation agreement was executed:
- Federal tax law (post‑2019): For agreements finalized after December 31, 2018, spousal support is not deductible by the payor and not taxable to the recipient.
- California state tax law: California did not adopt the federal change. Spousal support remains deductible to the payor and taxable to the recipient for state income tax purposes.
- Bankruptcy: Spousal support is considered a domestic support obligation and is not dischargeable in bankruptcy.
Modification of Spousal Support
Spousal support determinations are made based on the information available to the court at the time. However, situations may change that make a change in spousal support reasonable and prudent. Either spouse – the recipient or the payor spouse – may request a change in a spousal support order so long as the marital settlement agreement or order is not non-modifiable. The spouses may agree to a change such as in the amount of support or the duration. This new agreement could then become a new court order. A modification may also arise by a petition requesting to change the spousal support order. This requires showing a material change in circumstances from the date of the original order, such as a job loss or a career enhancement for the recipient spouse. If a spouse has been involuntarily terminated or has experienced a reduction in income, the spouse may be able to receive a temporary abatement.
Treatment of Spousal Support
Alimony is tax-deductible for the paying spouse. Typically, if the spouses file separate returns, the paying spouse can deduct the full amount of spousal support payments that he or she made during the year. If a paying spouse files bankruptcy, the spousal support obligation is generally not dischargeable.
Duration of support
For marriages under ten years, support often lasts about half the length of the marriage. Long-term marriages require case-by-case analysis tied to the supported spouse’s progress toward self-sufficiency. Orders typically end upon remarriage of the supported spouse, death of either party, or a date specified by the court.
Negotiation, modification, and termination
Parties can negotiate support terms as part of a settlement or prenuptial agreement. After orders issue, they may be modified if either party experiences a substantial change in circumstances—such as job loss, retirement, or cohabitation. We prepare detailed income and expense declarations, vocational evaluations, and budgets to support or oppose modifications.
Enforcing spousal support orders
When payments fall behind, we pursue wage garnishments, liens, and contempt actions to collect arrears plus interest. Our goal is to secure compliance while minimizing disruption to your financial plans.