Spousal Support in California: Key Factors, Legal Rules, and How It’s Determined

September 20, 2019

Category:

Spousal Support

Clients often ask, “Who gets spousal support?” The answer is relatively simple: Spouses! However, it is more complex than that, especially if the question is: Can YOU receive spousal support? Spousal support depends on many factors, including the length of the marriage, how much each spouse earns, and legal factors defined under California Family Code.

Understanding Spousal Support: California Law Explained

What Is Spousal Support?

Spousal support (also known as alimony) is a court-ordered payment from one spouse to the other, intended to help the lower-earning spouse maintain a standard of living similar to that during the marriage.

Legal Framework

Family Code Section 4336(b) defines a “marriage of long duration” as 10 years or more, key for determining potential long-term support.

Family Code Section 4320: Lists factors courts must consider, including income, health, domestic violence history, and more.

Length of the Marriage: Long-Term vs. Short-Term

Long-Term Marriage (10+ years): May qualify for indefinite spousal support, terminated only by death, remarriage, or court order.
Short-Term Marriage (<10 years): Support generally lasts half the length of the marriage.

Gavron Warnings: A Legal Reality Check

Under the landmark case in re Marriage of Gavron, courts may issue a Gavron warning, which is an expectation that the supported spouse will make reasonable efforts to become self-sufficient over time.

Income Disparities and Support Calculations

If both spouses have similar incomes, spousal support is unlikely. However, when one earns significantly more, courts may order temporary and/or permanent support.

DissoMaster software is commonly used by California courts for calculating guideline support amounts.

Additional Factors That Influence Spousal Support

Beyond income and marriage length, courts consider:

History of domestic violence (Family Code 4320(i))
Age, health, and ability to work
Contributions to the other’s career or education
Standard of living during the marriage
Tax implications under the 2018 federal tax reform (spousal support is no longer tax-deductible for payors in most cases)
High-net-worth divorce complexities (asset division, lifestyle maintenance)

The Legal Process: Filing for Spousal Support in California

Here’s a step-by-step guide:

File Form FL-300 (Request for Order) in your county’s Family Court.
Submit an Income and Expense Declaration (FL-150).
Attend the hearing where the judge evaluates your case.
Receive a court order for temporary or permanent support.

For help navigating this process, visit DivorceDigest’s spousal support resources.

Real-Life Scenarios: Understanding Outcomes

Maria & John (12-year marriage): Maria earns $50K, John earns $120K → Long-term support likely.
Sarah & Jake (5-year marriage): Sarah earns $30K, Jake earns $80K → Support likely for 2.5 years.

FAQs: California Spousal Support

Can I get spousal support if I was married for 3 years?

Yes, but likely for only 1.5 years (half the marriage length).

What happens if my ex doesn’t pay spousal support?

You can seek wage garnishment, contempt proceedings, or a writ of execution.

Can spousal support be modified?

Yes, if there’s a change in circumstances, such as job loss or remarriage.

What is a Gavron warning?

It’s a court order telling the supported spouse to make reasonable efforts to become self-sufficient.

Do high-earning spouses always pay spousal support?

Not always. Courts also consider lifestyle, contributions, and the ability to pay, especially in high-net-worth divorce cases.

Can I negotiate spousal support outside of court?

Yes! Consider mediation or collaborative divorce for a tailored agreement.

Need Help Navigating Spousal Support in California?

At DivorceDigest, we’re here to help you understand your rights, the legal process, and your options. Whether you’re seeking or paying spousal support, we provide:

Step-by-step legal insights
California-specific resources
Connections to experienced family law attorneys