When will a California Court Award Spousal Support?
One of the key concerns for many divorcing spouses is whether spousal support (also known as alimony) will be ordered and, if so, for how long. While not every divorce results in one spouse paying support to the other, spousal support is appropriate in some situations. In California, spousal support falls into two types: temporary spousal support and post-judgment spousal support. Understanding the differences between these two types of support is essential for anyone navigating a divorce.
Temporary spousal support is paid by the higher-earning spouse to the lower-earning spouse during the divorce proceedings to maintain the financial status quo until the divorce is finalized. Courts typically rely on a guideline formula, calculated using software. Effective April 1, 2025, California courts will use the Xspouse calculator (previously, courts used DissoMaster).
Post-judgment spousal support is paid after the divorce is finalized. Unlike temporary spousal support, which is often determined by a formula, post-judgment spousal support is based on a broader analysis of the couple’s financial circumstances. The amount and duration of post-judgment support are determined by several factors outlined in California Family Code section 4320.
Factors the courts consider include:
- length of the marriage
- the couples age and health
- the couples’ respective incomes
- the spouse’s earning capacity
- the couples’ standard of living during the course of the marriage
- property/debt carried by each spouse
- Need and ability to pay
It is important to note that California courts can consider the factors in California Family Code section 4320 when determining temporary spousal support, however, they generally follow the guideline calculation unless there are exceptional circumstances.
The duration of spousal support depends largely on the length of the marriage. For marriages lasting less than 10 years (from the date of marriage to the date of separation), the duration of support is typically half the length of the marriage. For example, if a couple was married for four years and four months (January 1, 2020 to May 1, 2024), support would typically last two years and two months. For marriages lasting 10 years or more, support can continue until the receiving spouse remarries or one spouse passes away. The court will determine the appropriate duration based on the factors outlined in California Family Code section 4320.
California law is much more nuanced than these general rules, and outcomes can vary depending on individual circumstances. Navigating spousal support laws can be complex, and each case is unique. There are many factors to consider when assessing a decision about spousal support payments in a divorce action. For detailed advice on how a judge might assess your own situation, contact an experienced San Francisco spousal support attorney at Cardwell Steigerwald Young, LLP.
Source:
selfhelp.courts.ca.gov/spousal-support
