Spousal Support (Alimony) Attorney
California Certified Family Law Specialist

Understanding Spousal Support in California

Spousal support (often called alimony) can be one of the most contentious issues in a divorce. Whether you may be entitled to receive support or concerned about your obligations to pay, understanding how California courts approach spousal support is essential for planning your financial future after divorce.

At Lewis Legal Group, we help clients in San Bernardino County navigate spousal support matters, from initial requests during divorce proceedings to modifications and enforcement years later.

Types of Spousal Support

Temporary Spousal Support

Temporary support is ordered during divorce proceedings to maintain the status quo while the case is pending. It's designed to ensure the lower-earning spouse can meet their needs during what can be a lengthy divorce process.

Temporary support is typically calculated using a guideline formula (like the "Santa Clara Guideline") that considers both spouses' incomes. This formula provides a relatively predictable result but applies only during the divorce—not after.

Long-Term (Permanent) Spousal Support

"Permanent" spousal support is ordered when the divorce is finalized. Despite the name, it's rarely truly permanent—the term refers to the order that remains in effect after the divorce is complete, rather than indicating the support will last forever.

Long-term support is not calculated using a formula. Instead, the court must consider the specific factors outlined in California Family Code Section 4320.

Factors Courts Consider for Long-Term Support

California Family Code Section 4320 requires courts to consider numerous factors when determining long-term spousal support:

• Length of the marriage — longer marriages typically result in longer support
• Each spouse's earning capacity — including marketable skills, job market conditions, and time required to obtain education or training
• Standard of living during the marriage
• Each spouse's assets and debts
• The supporting spouse's ability to pay
• Each spouse's needs based on the marital standard of living
• Contributions to the other's education or career
• Age and health of both parties
• History of domestic violence
• Tax consequences
• The goal of self-sufficiency within a reasonable time

The "10-Year Rule" for Long Marriages

California law gives special treatment to marriages of "long duration"—generally defined as 10 years or more from the date of marriage to the date of separation.

For long-term marriages, the court retains jurisdiction indefinitely over spousal support. This means:

• The court cannot set a specific termination date at the time of divorce
• Support may continue until further order of the court
• Either party can request modification based on changed circumstances
• Support can still be terminated, but it requires a court order

For marriages under 10 years, support typically lasts for about half the length of the marriage, though courts have discretion to order longer or shorter periods.

Modifying and Terminating Support

Spousal support orders can be modified when circumstances change significantly. Common grounds for modification include:

• Change in either party's income
• Receiving spouse's cohabitation with a new partner
• Receiving spouse's remarriage (automatically terminates support)
• Retirement of the paying spouse
• Health changes affecting ability to work or pay

To protect your rights, modifications must be sought through a court motion—you cannot unilaterally reduce or stop payments without a court order.

Tax Implications (Post-2019)

The Tax Cuts and Jobs Act of 2017 significantly changed the tax treatment of spousal support for divorces finalized after January 1, 2019:

• Federal taxes: Spousal support is no longer tax-deductible for the paying spouse and is not taxable income for the receiving spouse
• California state taxes: Spousal support may still be deductible for the payer and taxable for the recipient on state returns

These tax changes can significantly impact the financial analysis of support negotiations. A Certified Family Law Specialist can help you understand the full financial picture.

California Legal Resources

• California Courts Self-Help: Spousal Support
• California Family Code Section 4320