Spousal support in California, explained.
California splits spousal support into two phases that work entirely differently. Mixing them up is the single most common mistake people make planning for divorce.
Temporary spousal support keeps both households afloat while the case is pending. Long-term spousal support, set at judgment, is a fact-intensive analysis of 14 statutory factors. Knowing which phase you're in tells you which rules apply.
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Temporary spousal support — formula-based
While the divorce is pending, courts use a guideline formula to set support. The Santa Clara formula (40% of high earner net minus 50% of low earner net, after child support) is the most common. The goal is to maintain the marital standard of living to the extent possible.
Santa Clara Co. Superior Court guideline; In re Marriage of Burlini (1983) 143 Cal.App.3d 65
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Long-term spousal support — §4320 factors
At judgment, the court abandons the formula and applies the 14 factors listed in Family Code §4320: earning capacity of each spouse, marital standard of living, contributions to the other spouse's career or education, age and health, hardship, tax consequences, history of domestic violence, and others.
Cal. Family Code §4320
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Marital duration matters
Under Family Code §4336, marriages of 10 years or more are 'long duration,' meaning the court retains jurisdiction over support indefinitely. Shorter marriages typically support payments for about half the marriage length.
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The Gavron warning
Supported spouses are expected to make 'reasonable good faith efforts' to become self-supporting. Courts can issue a Gavron warning notifying the supported spouse of this expectation, after which failure to seek work can justify a reduction.
In re Marriage of Gavron (1988) 203 Cal.App.3d 705
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Modification
Spousal support can be modified later if there's been a 'material change of circumstances' — a job loss, a raise, retirement, or remarriage of the supported spouse (which terminates support automatically under §4337).
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Termination
Support terminates on the death of either spouse, the supported spouse's remarriage, or a date specified in the order. Cohabitation creates a rebuttable presumption that the supported spouse needs less support under §4323.
Cal. Family Code §§4323, 4337
Keep reading
Spousal support — frequently asked questions
How is alimony calculated in California?
How long does spousal support last in California?
Is California spousal support taxable?
Can spousal support be modified after divorce?
What if my ex refuses to pay spousal support?
Does cohabitation end spousal support?
Can spousal support be waived in a prenup?
Speak with a San Diego family law attorney today.
Every conversation is private. Most clients leave the first call with a clear sense of what to expect — what California law says, what your case is likely worth, and what to do next.