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Last Modified on Mar 05, 2026
Alimony, or spousal support, is a court order that one spouse pays the other after a divorce to provide a stable financial footing based on the accustomed way of living with two incomes. Alimony is there to help prevent hardship for the lower-earning spouse, but some situations can lead to disqualification from receiving alimony during the divorce process. Let’s explore what disqualifies you from getting alimony in California.
Alimony in California
As we know, alimony is spousal support, typically paid monthly to your spouse after the divorce is finalized. This money is meant to be used by your ex to help them maintain the same standard of living they had when you were still together.
Factors that influence whether the court may order you to pay alimony are:
- If the marriage lasted a long time.
- Your spouse has a lower earning capacity.
- Contributions to marriage.
- The physical and mental well-being of your spouse and their ability to make money.
There are, however, some crucial factors that may disqualify you from being able to receive alimony. It is important to understand your rights to spousal support and whether you qualify.
According to the Judicial Council of California, between 2022 and 2023, superior courts in California had over 4.5 million cases filed. Of these cases, 111,894 cases were filed for marriage dissolutions, legal separations, and nullities. It is easy to get lost in the sea of the judicial system, making it vital to have a trusted California spousal support lawyer to advocate for your financial needs.
What Disqualified You from Alimony in California?
Many factors may keep you from being awarded alimony following a divorce. Some may be your present living arrangements, but certain behaviors and criminal actions may disqualify you from receiving alimony in California. Some of the most common reasons for disqualification are:
- A shortened marriage. In California, marriages lasting 10 or more years are considered long. Anything less may result in less alimony or none at all awarded when the divorce is finalized.
- The spouse receiving spousal support is self-sufficient. The court will look not only at the current income of the spouse, but at their earning capacity. If the lower-earning spouse is self-sufficient and can earn more, they may not qualify for alimony.
- The spouse benefiting from spousal support already cohabitates with another romantic partner. If the lower-earning spouse has already moved in with a new partner, the court will likely not award spousal support, or if they do, it will be a reduced amount. If the receiving spouse remarries, alimony will usually end.
- A prenuptial or post-nuptial agreement has terms regarding alimony. If a valid agreement is in place and follows California law, then it may disqualify the lower-earning spouse from receiving support.
Since California is a no-fault divorce state, infidelity doesn’t prevent someone from benefiting from alimony. However, the courts may take other factors into consideration, such as gambling or spending in excess, when deciding on support. The history of domestic violence between the parties can also play a role in the court’s decision to award alimony.
If a spouse was convicted of abuse within five years of the filing for divorce, an award of spousal support to the convicted spouse from the injured spouse is prohibited under California law.
Hire a Spousal Support Lawyer
Divorce can often be a scary time with many unknowns, including how you will afford to survive on your own. Alimony aims to allow both parties to maintain the same standard of living and keep the split fair.
FAQs
What Disqualifies You From Alimony in California?
In California, you can be disqualified from alimony if you can support yourself, your marriage was short, you are remarried or living with another partner, or there is a prenuptial agreement in place waiving spousal support. If you have the capacity to work, the California court system expects you to live up to that potential. Failure to seek employment may cause the court to reduce or eliminate support.
Alimony is there to make sure that everything remains fair following a divorce.
What Is the 10-Year Rule for Alimony in California
The 10-year rule refers to the duration of marriage. Once a marriage passes the 10-year mark, California considers it a marriage for a long duration. This rule allows the court more say over how they award alimony in cases; it allows them to choose how to award support, rather than being mandated by a fixed end date. This rule does not guarantee alimony and doesn’t guarantee how long alimony will be awarded, since there are factors that could disqualify you from it.
What Is the Average Alimony Payment in California?
There is no official alimony payout in California, as it is based on many different, unique factors. The amounts are calculated based on income, the duration of the marriage, and need. Temporary support does follow a formula of 40% of the payer’s net income minus 50% of the payee’s net income. Payments can be modified or adjusted as life changes occur.
Does Adultery Affect Alimony in California?
Since California is a no-fault divorce state, adultery typically does not affect whether alimony will be awarded. Instead, the court focuses on the financial need of the lower-earning spouse and their capacity to earn. The goal of alimony is to allow both parties to maintain the same standard of living. If marital funds were used in the affair, the court may adjust the division of assets to make up for the loss since it is a breach of fiduciary duty.
California Spousal Support Lawyer
Divorce can be a big change and often leads to better outcomes for both parties. If you are struggling through a divorce and are concerned about how you will survive financially once it is complete, a trusted spousal support lawyer can help. At the Law Offices of Micheanne Hrubic, we understand how scary it can be stepping out on your own and will work tirelessly to make sure you are financially protected. Contact our office today to get started.
