What California courts order as alimony and how long it lasts

California courts call alimony spousal support, and the amount and length depend on a formula for marriages under 10 years and on a judge's discretion for longer ones. For marriages lasting less than 10 years, the court typically orders support for half the length of the marriage — so a 6-year marriage might result in 3 years of support. For marriages of 10 years or more, there is no set end date unless the judge specifies one, and support can continue indefinitely or until the receiving spouse remarries or either spouse dies.

The court calculates the amount using a statewide formula: 40 percent of the higher-earning spouse's net monthly income minus 50 percent of the lower-earning spouse's net monthly income. A judge can order less than this amount or more, but must state in writing why they departed from the formula. The formula applies to temporary support (paid during the divorce) and to permanent support (the final order). Neither spouse's income includes benefits like Social Security or disability payments.

Key Takeaways

  • California uses a set formula to calculate support amount: 40 percent of the higher earner's income minus 50 percent of the lower earner's income, applied to net monthly pay.
  • For marriages under 10 years, support typically lasts half the length of the marriage; for marriages of 10 years or longer, the court decides the duration and may order indefinite support.
  • A judge can order more or less than the formula suggests, but must write down the reason if they do.
  • Support ends automatically if the receiving spouse remarries or if either spouse dies, unless the judge's order says otherwise.
  • The paying spouse can ask the court to reduce or end support if their income drops significantly or the receiving spouse's income rises substantially.

How the court determines income for the support calculation

The court uses net monthly income, which means gross pay minus taxes, Social Security, health insurance premiums, and mandatory union dues. Self-employed people report net income after business expenses. If someone is unemployed or underemployed, the judge may assign them an income based on their earning capacity — what they could earn if they worked full-time in their field — rather than what they actually earn.

Income includes wages, salary, bonuses, commissions, rental income, and investment returns. It does not include Social Security, Supplemental Security Income (SSI), or Temporary information for Needy Families (TANF). The court looks at the past two years of tax returns and recent pay stubs to establish current income. If someone's income has changed recently, the judge considers whether the change is likely to continue.

Temporary support during the divorce versus final support after

Temporary support is what one spouse pays the other while the divorce is pending. Either spouse can ask for it by filing a Request for Order, and the court usually decides it quickly — often within a few weeks. The judge uses the same formula as for final support but may adjust it based on how long the divorce is expected to take.

Final support is ordered in the judgment of divorce itself. It becomes effective on the date the judge signs the judgment. If the divorce takes a long time, the temporary support order stays in place until the final judgment is entered, at which point the final support order replaces it. The two amounts are often different because circumstances change during the divorce process.

When a judge can order more or less than the formula amount

California law lists 13 factors a judge may consider when deciding to depart from the formula. These include the age and health of each spouse, the standard of living during the marriage, the ability of the paying spouse to pay, the earning capacity of each spouse, and whether one spouse sacrificed education or career to support the family. A judge might order more support if the receiving spouse gave up a medical degree to raise children, or less support if the paying spouse has serious health problems that limit their ability to work.

The judge must state in writing which factors led them to order a different amount. straightforward saying "the formula is unjust" is not enough — the order must explain why. If you disagree with the judge's reasoning, you can appeal, though appeals of support orders are difficult to win unless the judge made a clear legal error.

How support changes if income or circumstances shift

Either spouse can ask the court to change the support amount if there has been a material change in circumstances. This usually means a change in income of at least 10 percent, though the judge has discretion. A paying spouse who loses a job or takes a lower-paying position can request a reduction. A receiving spouse whose income rises significantly can be asked to accept less support.

To request a change, you file a Request for Order with the court and serve the other spouse. You must show proof of the income change — recent pay stubs, tax returns, or a letter from an employer. The court will hold a hearing and decide whether the change is permanent or temporary. If the paying spouse voluntarily takes a lower-paying job, the judge may not reduce support, viewing the choice as an attempt to avoid the obligation.

How support ends or is modified after the divorce

Support ends automatically if the receiving spouse remarries. It also ends if either spouse dies, unless the judge's order specifically says the paying spouse's estate must continue to pay. Some judges order that support continue for a set number of years regardless of remarriage, but this is less common.

If the receiving spouse enters into a registered domestic partnership, support also ends. Cohabitation — living with a romantic partner without marriage — does not automatically end support, but the paying spouse can ask the court to reduce or end it based on the receiving spouse's reduced living expenses. The judge will look at whether the cohabiting partner contributes to household expenses.

Tax treatment of spousal support payments

As of 2019, spousal support is no longer deductible by the paying spouse and is not taxable income to the receiving spouse. This changed from the previous rule, which allowed the paying spouse to deduct support and required the receiving spouse to report it as income. Divorce orders signed before January 1, 2019, may still follow the old rule unless both spouses agree in writing to use the new rule.

If your divorce was finalized before 2019 and you want to switch to the new tax treatment, you and your ex-spouse must both agree and file a joint request with the court. The court will not change the rule on its own. Check your divorce judgment to see which tax treatment applies to your order.

Frequently Asked Questions

Can I ask for support if we were never married but lived together?

No. California law limits spousal support to people who were legally married. Domestic partners registered with the state have the same rights as married couples, but unmarried cohabitants do not. If you were in a long-term relationship but never married or registered, you cannot ask for support based on that relationship alone.

What happens if the paying spouse stops paying?

The receiving spouse can file a Request for Order asking the court to enforce the support order. The court can order the paying spouse to pay the back amount plus interest, and can impose sanctions or hold them in contempt. The court can also order wage garnishment, where the employer sends part of the paycheck directly to the receiving spouse. If the paying spouse is self-employed, the court may place a lien on property or bank accounts.

Can support be ordered if one spouse has much higher earning capacity than actual income?

Yes. If someone is underemployed — working part-time when they could work full-time, or working below their skill level — the judge can assign them an income based on what they could earn. The judge looks at their education, work history, and job market. This prevents someone from deliberately reducing their income to avoid support.

Does the receiving spouse have to work to receive support?

The court considers the receiving spouse's earning capacity when setting support, but does not require them to work. However, if the receiving spouse is not working and could work, the judge may assign them an income based on their capacity. The judge balances this against factors like age, health, and whether they are caring for young children.

Can support be modified if one spouse retires?

Yes, but the outcome depends on whether the retirement was voluntary. If someone retires at a normal retirement age and their income drops, the court may reduce support. If someone retires early specifically to avoid paying support, the judge may not reduce the amount and may assign them income based on their earning capacity. The judge looks at the circumstances and the paying spouse's intent.