Spousal Support (Alimony) in California: How Judges Decide the Amount and How Long It Lasts

California family law · Last reviewed September 29, 2026

California law calls alimony spousal support. It comes in two stages that work very differently. While the divorce is pending, many courts set temporary support with a formula. In the final judgment, there is no formula at all: a judge weighs a list of statutory factors and decides an amount and a length that are "just and reasonable."

Spousal support is not automatic, and it does not depend on gender. Either spouse can ask for it, and the court decides based on need, ability to pay and the other factors below.

Temporary support while the case is pending

Once a divorce is filed, either spouse can ask the court for temporary support under Family Code § 3600, usually with a Request for Order (form FL-300). The goal is to keep both households afloat, roughly at the marital standard, until the case ends.

The Family Code does not set a formula for temporary support, but most courts use one as a starting point. The California Courts self-help guide describes the common one:

Monthly support = 40% higher earner’s net monthly income – 50% lower earner’s net monthly income

The same page adds: "In your court, the judge may use this formula or something different." If one spouse nets $6,000 a month and the other $2,000, that formula gives $2,400 − $1,000 = $1,400 a month.

The judgment then replaces temporary support with a long-term order, and the formula does not carry over.

Long-term support in the judgment

Support in the final judgment is governed by Family Code § 4330(a): an amount, for a period, "that the court determines is just and reasonable, based on the standard of living established during the marriage." To get there, the court must consider every factor in § 4320. In summary:

§ 4320	Factor
(a)	Whether each spouse's earning capacity can maintain the marital standard of living, including marketable skills, the job market, the cost of retraining, and time out of work for domestic duties
(b)	The supported spouse's contribution to the other's education, training, career or license
(c)	The paying spouse's ability to pay
(d)	Each spouse's needs, based on the marital standard of living
(e)	Each spouse's obligations and assets, including separate property
(f)	How long the marriage lasted
(g)	Whether the supported spouse can work without unduly harming the interests of dependent children
(h)	Age and health
(i)	Documented domestic violence between the spouses or against a child
(j)	Immediate and specific tax consequences
(k)	The balance of hardships
(l)	The goal that the supported spouse become self-supporting within a reasonable time
(m)	A criminal conviction of an abusive spouse
(n)	Any other factors the court finds just and equitable

Because no single factor controls, two couples with similar incomes can get different results. The self-help guide calls these "permanent support orders" as well, but that name misleads: a long-term order can be limited in time, and it can be modified or ended under the rules below.

How long support lasts: the "10-year rule"

Two provisions govern duration. The first is § 4320(l):

(l) The goal that the supported party shall be self-supporting within a reasonable period of time. Except in the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of this section generally shall be one-half the length of the marriage. However, nothing in this section is intended to limit the court’s discretion to order support for a greater or lesser length of time, based on any of the other factors listed in this section, Section 4336, and the circumstances of the parties.

So for a six-year marriage, three years of support is a common reference point. It is a guide, not a cap or an entitlement.

The second is § 4336, the source of the "10-year rule":

(b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration.

What the rule actually does is narrower than its reputation. In a marriage of long duration, the court keeps jurisdiction over support indefinitely, instead of setting a date when its power to order support ends (§ 4336(a)). That does not mean support for life. The court can still order support for a limited time, reduce it or end it later on changed circumstances (§ 4336(c)). The ten years run from the wedding to the date of separation, not to the divorce. And a marriage shorter than ten years can still be found to be of long duration.

Judges may also give the supported spouse what lawyers call a Gavron warning. Under § 4330(b), the court can advise the recipient to "make reasonable efforts to assist in providing for their support needs." A recipient who ignores that advice may find support reduced later.

When support ends or changes

Family Code § 4337 sets two automatic endpoints:

Except as otherwise agreed by the parties in writing, the obligation of a party under an order for the support of the other party terminates upon the death of either party or the remarriage of the other party.

Cohabitation does not end support automatically, but it shifts the burden. Under § 4323(a)(1), there is "a rebuttable presumption, affecting the burden of proof, of decreased need for spousal support if the supported party is cohabiting with a nonmarital partner." And a new partner's income cannot be counted to raise support: under § 4323(b), a supporting spouse's new spouse's or partner's income "shall not be considered."

Modification. Support can be changed or ended "at any time as the court determines to be necessary" (§ 3651(a)), typically after a significant change in circumstances such as job loss, illness or retirement. The change can generally reach back only to the date the request was filed (§ 3653(a)), so file promptly.

Nonmodifiable support. Spouses can agree in writing, or on the record in court, that support cannot be modified or terminated. Under § 3651(d), a court must then honor that agreement. It is a serious commitment for both sides: neither can come back to court if circumstances change.

Domestic violence and support

California limits support to a spouse who has abused the other:

Misdemeanor conviction. A domestic violence misdemeanor conviction against the other spouse, entered within five years before the divorce was filed or during the case, creates a rebuttable presumption that the convicted spouse cannot receive spousal support (§ 4325(a)).
Felony conviction. A violent sexual felony or a domestic violence felony against the other spouse, with the divorce filed within five years of the conviction and any time served in custody, on probation or on parole, prohibits support to the convicted spouse (§ 4324.5).
Attempted murder. Conviction of attempting or soliciting the murder of the other spouse bars any support award to the offender (§ 4324).

Even without a conviction, documented domestic violence is a factor the court must weigh under § 4320(i).

Taxes: California changed its rules for 2026

For decades, alimony was deductible by the payer and taxable to the recipient. The federal Tax Cuts and Jobs Act ended that for divorce or separation instruments executed after 2018. California did not follow along at first, so for a while the state and federal treatment differed. SB 711, signed October 1, 2025, brought California into line for new agreements, and in September 2026 SB 1435 removed that law's December 1, 2027 expiration date.

When your divorce or separation instrument was executed	Federal return	California return
On or before December 31, 2018	Deductible by payer, taxable to recipient	Deductible by payer, taxable to recipient
January 1, 2019 – December 31, 2025	Not deductible, not taxable	Deductible by payer, taxable to recipient
On or after January 1, 2026	Not deductible, not taxable	Not deductible, not taxable

The California Franchise Tax Board states that for payments under an instrument "executed on or after January 1, 2026," alimony is "not deductible by the payor spouse and … not included in income by the recipient spouse." An older agreement modified after 2025 falls under the new rule only if the modification expressly says so. Timing a settlement around these dates can change the after-tax value of support, which is worth raising with a tax adviser.

Agreements about support

Spouses who settle can set support at any amount and length they choose, or waive it, and a judge will usually approve it. A premarital agreement that limits or waives spousal support is enforceable only if the spouse giving it up had an independent lawyer when signing, and not if the waiver is unconscionable when someone tries to enforce it (§ 1612(c)).

Frequently asked questions

Is there a formula for alimony in California?

Only for temporary support, and only by court practice. Many courts start from 40 percent of the higher earner's net income minus 50 percent of the lower earner's. Long-term support in the judgment has no formula; the judge weighs the factors in Family Code § 4320.

How long does spousal support last in California?

For marriages under ten years, a common reference point is half the length of the marriage, but the court has discretion. For marriages of ten years or more, the court keeps jurisdiction indefinitely, which is not the same as lifetime support.

What is the 10-year rule for divorce in California?

A marriage of ten years or more, measured from the wedding to the date of separation, is presumed to be "of long duration" under § 4336. The court then keeps jurisdiction over support indefinitely instead of ending it on a fixed date.

Does spousal support end if my ex remarries?

Yes, unless you agreed otherwise in writing. Under § 4337, support ends on the death of either spouse or the remarriage of the supported spouse.

Does living with a new partner end spousal support?

Not automatically. Cohabiting with a nonmarital partner creates a presumption that the supported spouse needs less support, and the court can reduce or end it after a hearing.

Is alimony taxable in California?

It depends on when your agreement or judgment was executed. For instruments executed on or after January 1, 2026, alimony is neither deductible nor taxable on California or federal returns. For 2019–2025 instruments, California still treats it as deductible and taxable even though federal law does not.

Can I get spousal support if I was the one who cheated?

Yes. California is a no-fault state, and adultery is not one of the § 4320 factors. Domestic violence is different; it can reduce or bar support.

Can a prenup waive spousal support in California?

Yes, but only if the spouse giving up support had an independent lawyer when signing, and a court can refuse to enforce the waiver if it is unconscionable at the time of the divorce.

Where these sections live

How this page is sourced. Every legal statement here comes from the California statutes, court rules, Judicial Council forms and official court and agency pages it cites and links. Text in block quotes is copied exactly from the official source; everything else is original writing. Fees and dollar limits are as of September 29, 2026.

This page explains what the law says. It is legal information, not legal advice, and it cannot tell you how the law applies to your situation. Family law turns on facts, and some deadlines cannot be extended — if the outcome matters, talk to a family lawyer or your court’s self-help center.