California uses a formula for temporary alimony, but judges have discretion for permanent support

California courts calculate alimony in two different ways depending on whether the support is temporary (during the divorce) or permanent (after the divorce is final). For temporary alimony, most California counties use a formula built into court software that multiplies each spouse's income by a percentage. For permanent alimony, judges consider a longer list of factors and have more room to deviate from any formula. Neither calculation is automatic — a judge must review and approve it, and either spouse can challenge the number before it becomes a court order.

The temporary formula produces a quick starting point so that support can be ordered without a full trial. The permanent factors give judges flexibility to account for the specific circumstances of each marriage, but they also mean that two similar cases can produce different results depending on which judge hears them and how they weigh each factor.

Key Takeaways

  • Temporary alimony uses a formula: roughly 40% of the higher earner's net income minus 50% of the lower earner's net income, though the exact percentage varies by county.
  • Permanent alimony has no formula; judges weigh ten specific factors including the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage.
  • The court starts with gross income but deducts taxes, mandatory retirement contributions, and child support before calculating alimony.
  • Either spouse can request a hearing to challenge the calculated amount before it becomes a final order.
  • Alimony ends automatically when the supported spouse remarries or either spouse dies, and may be reduced if circumstances change significantly.

How the temporary alimony formula works

During a divorce, if one spouse needs money to cover living expenses before the case closes, the court may order temporary alimony using a mathematical formula. The formula is not a law — it is a local court rule or guideline adopted by most California counties. The basic structure is: take 40% of the higher earner's net monthly income, subtract 50% of the lower earner's net monthly income, and that is the starting point for temporary support.

The formula applies only to temporary alimony, not to the final order. It also has a cap: in most counties, if the combined net income of both spouses exceeds a certain threshold (often $10,000 per month, though this varies by county), the formula stops working and the judge must decide the amount using other reasoning. The formula is meant to produce a quick, predictable number so that temporary support can be ordered without a full trial. Once the divorce is final, the judge sets permanent alimony using the ten factors instead, and the temporary formula no longer applies.

To use the formula, the court needs each spouse's net monthly income. Net income is not take-home pay from a paycheck. It starts with gross income (wages, self-employment income, rental income, investment income, and other sources), then subtracts taxes, mandatory retirement plan contributions (like CalPERS), and child support paid to someone else. Voluntary deductions like health insurance premiums or 401(k) contributions above the mandatory amount are usually not subtracted.

What counts as income for alimony purposes

California law defines income broadly for alimony calculations. It includes wages and salary, self-employment income, rental income, interest and dividends, Social Security benefits, disability benefits, workers' compensation, and income from a business or profession. It also includes bonuses, commissions, and overtime if they are regular or recurring. A one-time bonus or irregular payment may or may not be included, depending on whether the judge thinks it will happen again.

Income does not include the return of principal from an investment, money borrowed, or gifts. If one spouse owns a business, the court looks at the net profit of the business, not the gross revenue. If one spouse is not working but could work, the judge may assign "imputed income" — an estimate of what that person could earn — though this is more common in child support cases than alimony cases.

If a spouse's income is hard to verify — for example, if they are self-employed or paid in cash — the other spouse can request tax returns, bank statements, and business records. The court may also hire an accountant or forensic specialist to calculate true income. If a spouse refuses to provide records or is clearly hiding income, the judge can make a finding of fact that income is higher than claimed and order support based on that finding.

The ten factors judges use for permanent alimony

Once the divorce is final, temporary alimony ends and permanent alimony (if any) takes its place. Permanent alimony has no formula. Instead, California law lists ten factors that a judge must consider. These factors give judges flexibility to account for the specific circumstances of each marriage, but they also mean that two similar cases can produce different results depending on which judge hears them.

The ten factors are: (1) the earning capacity of each spouse; (2) the extent to which the supported spouse reduced their earning capacity to support the other spouse or the family; (3) the ability of the supporting spouse to pay; (4) the length of the marriage; (5) the standard of living established during the marriage; (6) the age and health of each spouse; (7) the ability of the supported spouse to become self-supporting; (8) the contributions of the supported spouse to the education, training, career, or earning capacity of the supporting spouse; (9) the extent to which the supported spouse's career was interrupted to raise children; and (10) any other factors the court deems relevant, including tax consequences and the balance of hardships.

A short marriage (under five years) usually results in lower or no permanent alimony. A long marriage (over ten years) often results in longer-term support. If one spouse left a career to raise children or support the other spouse's education, that weighs toward higher alimony. If the supported spouse can retrain and become self-supporting within a reasonable time, the judge may order support for a limited period rather than indefinitely.

How the court determines earning capacity

Earning capacity is not the same as current income. It is what a person could earn if they were working full-time and using their skills and education. A spouse who is not working, or who is working part-time, may still have earning capacity that the court considers when setting alimony.

If a spouse left the workforce to raise children, the court must decide whether they can return to their former career, retrain for a new one, or are permanently limited by age or health. An informed witness (vocational rehabilitation specialist or career counselor) may testify about what jobs are available to that person and what retraining would cost and take. The court may order the supported spouse to pursue retraining or job placement, and may set a time limit on alimony to give them a important date to become self-supporting.

If a spouse is deliberately underemployed — earning less than they could — the judge may impute higher income. For example, if a spouse has a law degree but is working as a paralegal, the court might calculate alimony based on what a lawyer earns, not what a paralegal earns. The burden is on the spouse claiming underemployment to prove it with evidence, such as job postings, industry salary surveys, or informed testimony.

How length of marriage affects alimony duration

California law does not set a specific formula for how long alimony should last, but it does tie duration to the length of the marriage. The general rule is that alimony should last for half the length of the marriage, unless the marriage was long-term (usually defined as ten years or more). For a marriage of ten years or longer, the judge may order alimony to last indefinitely, or may order it to last longer than half the marriage length.

This is a guideline, not a rule. A judge can order alimony for longer or shorter than half the marriage length if the factors support it. For example, in a 15-year marriage where one spouse is disabled and cannot work, the judge might order permanent alimony even though half the marriage length would be 7.5 years. In a 12-year marriage where the supported spouse has a high earning capacity and can quickly become self-supporting, the judge might order support for only three years.

The duration can also be modified later if circumstances change. If the supported spouse gets a job, gets remarried, or the supporting spouse's income drops significantly, either spouse can ask the court to change the duration or amount. The judge will review the new circumstances and decide whether the change is material enough to warrant a modification.

What happens if one spouse's income changes after the order

An alimony order is not permanent in the sense that it cannot be changed. Either spouse can request a modification if there has been a "material change in circumstances." A material change usually means a significant change in income, health, or living situation — not a small fluctuation.

If the supporting spouse loses a job or takes a lower-paying job, they can ask the court to reduce alimony. If the supported spouse gets a job or a significant raise, the supporting spouse can ask the court to reduce or end alimony. If the supported spouse's living expenses drop (for example, children move out), that can also be grounds for modification.

Alimony ends automatically without a court order if the supported spouse remarries or if either spouse dies. It does not end automatically if the supported spouse moves in with a new partner, though the supporting spouse can ask the court to consider that change in circumstances when deciding whether to modify the order. To request a modification, the spouse seeking the change must file a motion with the court and show evidence of the material change.

Common mistakes in alimony calculations

One frequent error is including income that should not be included. For example, some courts incorrectly include Social Security retirement benefits or disability benefits, or they subtract voluntary retirement contributions that should not be subtracted. If you believe the court made this error, you can raise it at the hearing or appeal it afterward.

Another mistake is failing to account for self-employment income or business income correctly. If one spouse owns a business, the court should look at net profit (revenue minus legitimate business expenses), not gross revenue. Some judges or support specialists make errors in calculating depreciation, cost of goods sold, or reasonable business expenses. Bringing tax returns and business records to the hearing helps catch these errors.

A third common issue is imputing income to a spouse who is not working without enough evidence. The court can impute income, but only if there is evidence that the spouse is capable of earning that income and is deliberately avoiding work. straightforward being unemployed or underemployed is not enough — the supporting spouse must prove the capacity and the intent to avoid work. If the judge imputes income without sufficient evidence, that can be grounds for appeal or modification.

Frequently Asked Questions

Does California have a set percentage for alimony?

For temporary alimony, yes — most counties use roughly 40% of the higher earner's net income minus 50% of the lower earner's net income. For permanent alimony after the divorce is final, no — judges use ten factors and have discretion to set any amount they think is fair. The temporary formula does not explore once the divorce is complete.

What if my spouse is hiding income?

You can request tax returns, bank statements, business records, and other financial documents during discovery. If your spouse refuses to provide them or you believe they are lying, you can ask the court to order them to produce the documents or to make a finding that their income is higher than claimed. You can also hire a forensic accountant to analyze their finances.

Can alimony be modified after the divorce is final?

Yes, either spouse can ask the court to modify alimony if there has been a material change in circumstances — usually a significant change in income, health, or living situation. Alimony also ends automatically if the supported spouse remarries or either spouse dies. Small changes in income usually do not may have access to as material.

How long does alimony last?

For temporary alimony, it lasts until the divorce is final. For permanent alimony, the general guideline is half the length of the marriage, but judges can order it to last longer or shorter depending on the factors. For marriages of ten years or longer, judges often order alimony to last indefinitely or for a longer period.

Is alimony the same as child support?

No. Alimony is support paid by one spouse to the other. Child support is paid for the benefit of the children. They are calculated separately, and child support is usually deducted from income before alimony is calculated. A spouse can owe both alimony and child support.