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How does alimony work in California?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

California spousal support is governed by Family Code Division 9 and is one of the most discretionary alimony regimes in the country.

1. Two Types of Support

  • Temporary spousal support (pendente lite) — paid while the divorce is pending under Fam. Code § 3600. Most counties use a guideline formula (commonly the Santa Clara guideline: roughly 40% of the higher earner's net income minus 50% of the lower earner's net, adjusted for child support).
  • Long-term spousal support (post-judgment) — set in the final judgment based on the 14 factors in Fam. Code § 4320. No formula is allowed for permanent support — the court must individually weigh each factor (In re Marriage of Schulze, 60 Cal. App. 4th 519 (1997)).
  • 2. Section 4320 Factors

    The court must consider: marketable skills, time/expense to develop them, impairment of earning capacity from domestic duties, contributions to the other's education, ability to pay, needs based on the marital standard of living, obligations and assets, duration of marriage, ability to engage in employment without unduly interfering with dependent children, age and health, documented history of domestic violence, tax consequences, hardship, and the goal of self-support within a reasonable time.

    3. Duration — The 10-Year Rule

  • Marriages under 10 years: presumptive support duration is half the length of the marriage (In re Marriage of Morrison, 20 Cal. 3d 437 (1978)).
  • Marriages of 10+ years ("long duration" under Fam. Code § 4336): the court retains indefinite jurisdiction; support may continue until death, remarriage, or further court order.
  • 4. Modification & Termination

  • Modifiable on a material change of circumstances (Fam. Code § 3651).
  • Terminates automatically on the death of either party or remarriage of the supported spouse (Fam. Code § 4337).
  • Cohabitation creates a rebuttable presumption of decreased need (Fam. Code § 4323).
  • 5. Domestic Violence Bar

    A criminal conviction for domestic violence within 5 years of filing creates a rebuttable presumption against awarding support to the abuser (Fam. Code § 4325).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Your marriage is approaching or exceeds 10 years and long-term support is at stake
    • There are domestic violence allegations affecting support
    • You need to modify or terminate an existing support order
    Related Statutes & Laws
    • Cal. Fam. Code § 3600
    • Cal. Fam. Code § 4320
    • Cal. Fam. Code § 4323
    • Cal. Fam. Code § 4325
    • Cal. Fam. Code § 4336
    • Cal. Fam. Code § 4337

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.