California Spousal Support Guidelines
Temporary spousal support (pendente lite) uses the county guideline formula. Long-term support ordered at final divorce judgment uses 14 factors under Family Code § 4320.
| Marriage Length | Typical Duration | Court Jurisdiction |
|---|---|---|
| Under 5 years | 1–2.5 years | Terminates at end date |
| 5–10 years | Half of marriage | Terminates at end date |
| 10+ years | Indefinite | Court retains jurisdiction |
Frequently Asked Questions
California courts use the Santa Clara guideline formula for temporary spousal support: 40% of the higher earner's net income minus 50% of the lower earner's net income. For long-term support, judges consider 14 factors under Family Code § 4320, including the marriage duration and standard of living.
For marriages under 10 years, support typically lasts half the length of the marriage. For marriages of 10 years or more (long-term marriages), there is no set end date — courts retain jurisdiction indefinitely. Support can be modified if circumstances change.
Yes. Either party can request a modification if there is a material change in circumstances, such as a significant change in income, remarriage of the receiving spouse, or retirement. Support automatically terminates when the recipient remarries.
Under federal tax law changes from 2019, spousal support is no longer deductible for the paying spouse nor taxable income for the recipient — for divorces finalized after December 31, 2018. Pre-2019 agreements under the old rules may still follow the old tax treatment.
California Family Code § 4320 lists 14 factors including: duration of marriage, standard of living during marriage, each spouse's earning capacity, age and health of both parties, contributions to the other's career, domestic violence history, and the goal of each party becoming self-supporting.
Temporary spousal support (pendente lite) is awarded during the divorce proceedings and typically follows the guideline formula. Permanent or long-term support is ordered at the final judgment and is based on the 14 § 4320 factors — it is rarely truly permanent except in long marriages.