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Last Modified on Oct 02, 2026
Spousal support, also known as alimony, may be awarded in California divorces if one spouse cannot achieve immediate financial independence. One of the most pressing questions people facing divorce have is: How is spousal support calculated in California?
Temporary vs. Long-Term Support
The first thing you need to know about calculating spousal support in California is that there are two kinds of alimony:
- Temporary support. Temporary alimony is paid before a divorce case is finalized. You can request a temporary support order when you file for divorce.
- Long-term support. Long-term alimony, also called permanent alimony or spousal support, is ordered at the end of the case. Payments may last for years, or even decades.
While judges often order temporary support, long-term alimony payments are less common.
Calculating Temporary Support
Judges take several factors into account when determining temporary support amounts. They include:
- The lower earner’s needs
- How much the higher earner can reasonably pay
The judge may use a spousal support formula that deducts 50% of the lower earner’s net monthly income from 40% of the higher earner’s net monthly income to determine the monthly support amount.
The formula is not set in stone. The judge can vary how much support is ordered with consideration for the couple’s situation. Factors such as high medical bills, paying for a child to go to college, or having a lot of money in savings can all impact your temporary alimony order.
Factors That Determine Long-Term Alimony Payments
The factors that judges consider when calculating long-term alimony are outlined in California Family Code 4320. As a general rule, the longer the marriage lasted, the longer support payments may last. For marriages lasting less than 10 years, alimony payments typically last half the marriage’s length.
For marriages lasting over 10 years, no assumption exists under California alimony laws about how long payments should last. A judge issues a determination based on the specifics of your situation, but support usually lasts for the length of time that the receiving spouse needs it and the paying spouse can pay. Factors that can influence the length and amount of support include:
- How long the marriage lasted
- Each spouse’s health and age
- The earning capacity of each spouse
- The living standard that was established during the marriage
- Each spouse’s property and debt
- If one spouse helped the other get an education or training
- The needs of the spouse receiving support
- How much the paying spouse can pay
- The impact of tax laws
- If there was a history of abuse
In marriages where there were children involved, the judge may also consider:
- How caring for you and your spouse’s children impacted your career or that of your spouse
- How having a job now might impact your children
In many cases, spouses come up with an appropriate alimony amount and duration on their own. This agreement must be approved by a judge. Taking the factors described above into account can help you determine what might be ordered if you cannot come to an agreement. If you can’t come up with an agreement on your own, you may have to go to trial so that a judge can issue a spousal support order.
What Ends Long-Term Support Payments?
Several circumstances can bring long-term support payments to an end. They include:
- A written agreement approved by the court regarding the end date for alimony payments
- A court order that ends the payments
- The supported spouse getting remarried
- Either spouse dying
If you want to request a termination order, you can do so with the help of a California spousal support attorney.
FAQs
Q: What Is the ⅓ Rule in Alimony?
A: The ⅓ rule in alimony is an informal guideline used to calculate spousal support. It involves adding up both spouses’ income, dividing that number by three, then subtracting the lower income from the total amount. If the resulting number is above zero, that’s how much alimony must be paid to the spouse earning less money. Since California has its own legal guidelines for calculating alimony, this rule is generally not used in California divorces.
Q: What Is the Typical Amount of Spousal Support in California?
A: There is no typical amount of spousal support in California because every situation is different. Alimony is calculated based on the income of both the paying and the receiving spouse. That means the amount of money you have to pay or might receive could vary based on how much you and your spouse earn. You can also request modifications to spousal support orders based on changes in income.
Q: What Disqualifies You From Alimony in California?
A: There are several things that can disqualify you from alimony in California. Certain criminal convictions, such as domestic violence and violent sexual felonies, can disqualify you, as can cohabitation with a new partner. Failure to make good-faith efforts to support yourself can also disqualify you if there are no mitigating circumstances, such as advanced age or a disability.
Q: Does California Have a 10-Year Rule for Alimony?
A: Yes, California has a 10-year rule for alimony. Under California Family Code 4320, marriages lasting less than 10 years are typically considered short-term and thus not eligible for long-term alimony. There are exceptions made for extraordinary circumstances, and support may still be ordered for a limited time. Typically, people pay spousal support for no more than half the length of a short-term marriage.
Hire a Spousal Support Lawyer Today
Given that California’s recent yearly divorce rate is roughly 5.88 divorces per 1,000 women over the age of 15, there are many people paying spousal support in the Golden State. If you want to make sure your payments are fair, you should hire a spousal support lawyer to represent you during your divorce. A spousal support lawyer can also help you make modifications to an existing spousal support order in in California.
The team at The Law Offices of Michelanne Hrubic is here to help. We believe that no one should have to face contentious legal issues like divorces alone. You can trust us to provide you with dedicated, one-on-one attention and the information you need to make informed decisions about how to move forward with your case. Contact us to schedule an initial consultation about your spousal support case today.
