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California alimony: how spousal support is decided

California has no statewide formula for alimony. The judge applies the factors in Family Code §4320 and decides whether support is awarded, how much and for how long. This guide explains those rules.

Judge weighs factors Rules checked November 8, 2026
California law does not give a formula for alimony. The judge decides whether to award it, how much and for how long, after weighing the factors listed in the statute.

How California decides spousal support

California has no statewide formula for alimony. The Family Code gives the judge a list of factors and wide discretion. This page explains the rules. It cannot predict what a court will order in any one case.

Support in the final judgment

In a judgment of dissolution or legal separation, the court may order spousal support in an amount and for a period that is "just and reasonable," based on the standard of living during the marriage and the factors in Family Code §4320 (§4330). The court may also advise the recipient to make reasonable efforts to become self-supporting. That warning can be given in a marriage of long duration too, unless the court decides that in such a marriage the warning is inadvisable (§4330(b)).

The §4320 factors

The judge considers, among other things:

  • each spouse's earning capacity to maintain the marital standard of living, including marketable skills, the job market, time and cost of retraining, and career interruptions;
  • contributions to the other spouse's education, training, career or license;
  • the paying spouse's ability to pay, based on earning capacity, income, assets and standard of living;
  • each spouse's needs based on the marital standard of living;
  • obligations and assets, including separate property;
  • the length of the marriage;
  • whether the spouse can work without unduly interfering with the children's interests;
  • age and health;
  • documented domestic violence, and criminal convictions of an abusive spouse;
  • tax consequences and the balance of hardships;
  • the goal of self-support within a reasonable period, and any other factors the court finds just and equitable.

How long it lasts

There is no duration table. Section 4320(l) says the goal of self-support within a reasonable period is generally one-half the length of the marriage, except for a marriage of long duration. It is a general rule, not a limit. A marriage of 10 years or more, from the date of marriage to the date of separation, is presumed to be of long duration, and the court then retains jurisdiction over support indefinitely unless the parties agreed otherwise in writing or a court order ended support (§4336). A court can also find that a marriage under 10 years is of long duration. A court can later end support on a showing of changed circumstances.

Domestic violence

If one spouse has a criminal conviction against the other spouse for a domestic violence misdemeanor, or for a misdemeanor that results in probation under Penal Code §1203.097, entered within five years before the divorce was filed or during the case, there is a rebuttable presumption that spousal support to the convicted spouse is prohibited (§4325). Other criminal convictions of an abusive spouse are also weighed when reducing or denying support (§4320(m)).

Temporary support while the case is pending

During a divorce or legal separation case, the court may order either spouse to pay any amount necessary for the other's support, consistent with the domestic violence rules above (§3600). The statute gives no formula. Any guideline a local court uses for temporary support is not statewide law, so the local court's own rules are the place to check.

Spousal support and child support

Spousal support one parent receives from the other parent is not counted as income in the basic child support formula. It does count when child care and other add-on costs are split: the payer's income is reduced and the recipient's increased by the spousal support while the order is in effect and paid (§4061(c)). See the California child support calculator for how child support is figured.

California alimony questions

Is there a formula for alimony in California?

Not in the statutes. For a final judgment, the court sets an amount that is just and reasonable, based on the standard of living during the marriage and the factors in Family Code §4320 (§4330).

How long does spousal support last in California?

The statute gives no duration table. For a marriage that is not long, the goal of self-support within a reasonable period is generally one-half the length of the marriage (§4320(l)). That is a general rule, not a cap, and the court decides in each case.

What counts as a long marriage in California?

A marriage of 10 years or more, measured from the date of marriage to the date of separation, is presumed to be of long duration. The court then keeps jurisdiction over support indefinitely, unless the parties agreed otherwise in writing or a court order ended support (§4336).

Does domestic violence affect alimony in California?

Yes. Documented domestic violence is a factor (§4320(i)). If one spouse has a conviction against the other for a domestic violence misdemeanor, or for a misdemeanor that results in probation under Penal Code §1203.097, within five years before the filing or during the case, there is a rebuttable presumption that support to the convicted spouse is prohibited (§4325).

Is there support while the divorce is pending?

Yes. The court may order either spouse to pay any amount necessary for the other's support during the case (Family Code §3600). The statute gives no formula. Any guideline a local court uses for temporary support is a local practice, not statewide law.