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

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

Temporary support uses a computer formula. Long-term support is based on the judge's assessment of 14 specific factors — there is no formula. Despite the name, “permanent” support almost always has an end date.

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

For marriages under 10 years, spousal support typically lasts half the length of the marriage. For marriages over 10 years (“long-term marriages”), there is no automatic cutoff — support continues until the court orders otherwise, the supported spouse remarries, or either party dies.

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

If the supported party is living with a new partner, Family Code § 4323 creates a rebuttable presumption that their need for support has decreased. You can file an RFO to reduce or terminate support based on cohabitation without having to prove the new partner's exact income.

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.

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