Spousal support—also known as alimony—is one of the most misunderstood aspects of divorce. Many people assume it’s guaranteed, that it lasts forever, or that it’s based purely on who earns more. In reality, spousal support in California is a nuanced, case-specific calculation shaped by a variety of legal and financial factors.
At Law Office of Michael L. Fell, we guide clients across Southern California through the complexities of both temporary and permanent spousal support. Whether you expect to pay support or receive it, understanding how courts approach this issue can help you plan ahead and avoid costly surprises.
Here’s what you need to know about how spousal support is calculated—and what affects the final outcome.
Temporary vs. Permanent Support: What’s the Difference?
Temporary spousal support is awarded early in the divorce process to help the lower-earning spouse maintain stability during the legal proceedings. This type of support is generally calculated using a formula and lasts until the divorce is finalized.
Permanent spousal support (also known as long-term or post-judgment support) is part of the final divorce decree. Despite the name, “permanent” doesn’t always mean “forever.” It can be time-limited, especially in marriages under 10 years, or adjusted over time based on life changes.
How California Courts Calculate Temporary Support
For temporary support, judges typically use a standardized formula based on each spouse’s income, tax filing status, and allowable deductions. Many counties use the Dissomaster software or a similar tool to calculate a suggested support amount.
This formula-driven approach is efficient—but it’s important to note that it doesn’t factor in broader issues like earning potential, standard of living, or contributions to the marriage. It’s meant to provide immediate, short-term stability.
What Factors Affect Permanent Support?
When it comes to permanent spousal support, California courts take a more holistic approach guided by Family Code Section 4320. These are some of the key factors considered:
- Length of the marriage
- Each spouse’s earning capacity and ability to maintain the marital standard of living
- Age and health of both parties
- Whether one spouse stayed home to raise children or support the other’s career
- Assets and debts divided during the divorce
- Any history of domestic violence
- Tax implications of support payments
- The goal of the supported spouse becoming self-sufficient within a reasonable time
Unlike temporary support, there’s no exact formula. The court has discretion to weigh each factor and craft a support order that it considers fair under the circumstances.
How Long Does Spousal Support Last?
The duration of support depends largely on the length of the marriage:
- For marriages under 10 years, support typically lasts about half the length of the marriage.
- For marriages over 10 years (a “long-term marriage” under California law), there’s no automatic end date, and the court may retain jurisdiction to modify support indefinitely.
However, that doesn’t mean support is permanent by default. If the receiving spouse becomes financially independent, or if circumstances significantly change, support can be modified or terminated.
Can Spousal Support Be Waived?
In some cases, especially when both parties are financially self-sufficient, spouses may agree to waive spousal support as part of their divorce settlement. This is generally enforceable—but it’s wise to speak with a family law attorney before signing away that right.
Get the Right Support with Law Office of Michael L. Fell
Whether you’re concerned about paying too much or not receiving enough, spousal support can have a major impact on your post-divorce life. At Law Office of Michael L. Fell, we help clients navigate these issues with clarity and confidence, advocating for fair, realistic support arrangements tailored to your unique situation.
Call 949-585-9055 today to schedule a consultation and learn more about how spousal support might affect your divorce.