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How Does Spousal Support or Alimony Work After a California Divorce?

Spousal support can add another layer of complexity to a divorce. For many, alimony or spousal support payments can have a significant financial and emotional impact on their lives, with the potential to affect everything from your daily living expenses to your long-term financial security.

Whether you’re seeking spousal support or contesting the amount of alimony you must pay, we think you should be prepared by understanding California’s laws and your rights under the state’s divorce rules. An experienced California divorce attorney can help assert your rights and protect your best interests in order to secure a fair and favorable outcome.

What Is Spousal Support and Who Is Eligible in California?

Spousal support or alimony is a payment one spouse may be required to make to the other after a divorce or legal separation. The purpose of spousal support is to make sure that the lower-earning or non-earning spouse can uphold a standard of living post-divorce that’s reasonably close to what they lived with during the marriage.

Under California divorce laws, either spouse can request spousal support – but eligibility and approval aren’t automatic. A number of factors determine whether a spouse will receive alimony, including the length of the marriage, each spouse’s individual financial situation, and the ability of the requesting spouse to become self-supporting. California courts assess these factors to ensure that spousal support orders are necessary and fair.

California follows a no-fault divorce framework, which means that the reasons for the divorce do not directly affect spousal support eligibility (even in the case of infidelity). However, specific circumstances such as domestic violence may influence a court’s decision when determining who would receive spousal support and how much.

How Is Spousal Support Calculated in California?

Determining spousal support in California involves analyzing various factors under state law. These factors differ for temporary and permanent support orders. While there’s no fixed formula for calculating alimony, California courts consider the following key elements:

  • The Length of Your Marriage – Generally, the longer your marriage, the more likely a court will be to order long-term or permanent spousal support.
  • Each Spouse’s Earning Capacity – Courts evaluate the ability of both spouses to maintain the standard of living established during the marriage. To do this, judges consider the education, job skills, and employment opportunities of each individual.
  • Age and Health of Both Spouses – Spouses with special health considerations or nearing retirement age may have different needs for financial support.
  • Contributions to the Marriage – How much each spouse has contributed, whether directly through finances or by caring for children or supporting the other’s career.
  • Debt and Property Division – Any assets or debts divided during the divorce may influence the need for spousal support or alimony to be paid.

When it comes to temporary spousal support, which is often granted during the divorce process itself, California courts may use a simpler formula based on each of your income levels and financial needs to ensure stability until you reach a final agreement.

Temporary vs. Permanent Spousal Support: What’s the Difference?

  • Temporary Spousal Support is designed to provide immediate financial relief during the divorce process. This type of support helps the lower-earning spouse maintain stability in their life while their divorce case is ongoing. The amount is generally calculated using local court guidelines, with a focus on ensuring that a spouse’s needs are met without having to make drastic lifestyle changes. Temporary support ends once the divorce is finalized, at which point a permanent support order may take its place.
  • Permanent Spousal Support is awarded after a divorce is finalized. Despite its name, permanent alimony is not necessarily lifelong. The terms of a permanent spousal support order can be modified or terminated based on changes in circumstances, such as either spouse remarrying or experiencing significant changes in income. In California, permanent spousal support is intended to help the lower-earning spouse transition towards financial independence, especially after a long marriage or when one spouse has sacrificed their career for the family. Courts have discretion in determining whether and how long permanent support should last. This makes it especially important to have skilled legal representation to back up your interests during your divorce.

How Long Does Spousal Support Last in California?

The duration of spousal support in California varies depending on several factors. High on the list of considerations is the length of your marriage. Generally, the longer you are married, the longer spousal support may be required after a divorce.

  • For short-term marriages lasting less than 10 years, spousal support often stays in place for half the total length of time you were married. For example, if you were married for eight years, a court may order spousal support for up to four years.
  • For long-term marriages lasting 10 years or more, courts may not set a specific end date for alimony. Instead, the support could be indefinite, along with the expectation that either spouse may later request a modification based on any changes in circumstances. These could look like the receiving spouse becoming self-supporting or the paying spouse experiencing financial hardship. Often, through the help of a skilled family law attorney, a couple can negotiate a package that provides security for a lower-earning spouse and freedom to the higher-earning spouse. Couples also sometimes develop an agreement that involves a step-down of support over time and/or a termination after a certain amount of time, as part of an overall settlement package.   

Generally, California courts encourage both spouses to become self-sufficient after a reasonable period post-divorce. The duration of spousal support is often influenced by how long it takes the receiving spouse to acquire job skills or education to support themselves. In some cases, support may continue indefinitely, especially if one spouse is unable to work due to age, illness, or other factors – but this is relatively rare.

Can Spousal Support Be Modified or Terminated?

Yes – California spousal support orders can be modified or terminated under certain conditions. Either spouse can request a modification if there’s a significant change in circumstances that affects their need for, or their ability to pay, spousal support.

Common reasons for alimony modifications include:

  • Changes in Income – If the spouse paying alimony experiences a substantial increase or decrease in income, or if the receiving spouse’s income significantly improves, the court may adjust the spousal support order to reflect these changes.
  • Remarriage or Cohabitation – If the receiving spouse remarries, spousal support ends automatically in California. If the receiving spouse begins cohabitating with a new partner without remarrying, the paying spouse may request a modification, as the new living arrangements may reduce the financial need for support.
  • Health or Retirement – If either spouse experiences a health issue that impacts their ability to earn income or if the paying spouse retires, these changes could lead to a request for alimony modification. The obligation for spousal support also terminates if either the paying or receiving spouse passes away.

It’s also possible that both you and your spouse agree on modifying or terminating your spousal support order outside of court. However, you should still document your agreement and have it approved by the courts to ensure it is legally enforceable.

How Do Prenuptial Agreements Affect Spousal Support?

Prenuptial agreements (prenups) are legal contracts created before you enter into a marriage that can dictate the terms of spousal support if you were to later divorce.

In California, prenups have the ability to waive or limit your right to spousal support. However, the agreement must still be fair and entered into voluntarily by both parties.

Even with a prenup in place, California courts will scrutinize whether the terms can be enforced. A prenuptial agreement that a court finds to be unconscionable or unfair at the time of enforcement – for example, if it leaves one spouse in severe financial hardship – may be rejected by the court. Additionally, both spouses must have full financial disclosures of assets as well as legal representation when signing the agreement. Otherwise, it may not be upheld.

Prenups can provide certainty and clarity when it comes to financial expectations in the event of a divorce, but they must comply with California’s legal standards. If you have a prenuptial agreement in place or you’re considering one, it’s important to consult with a qualified spousal maintenance attorney to ensure that your prenup protects your interests and is legally sound.

In some cases, postnuptial agreements (entered into after you’ve already married) can also address spousal support. They follow similar legal standards for enforceability as prenuptials.

What Happens If My Ex-Spouse Refuses to Pay Spousal Support?

It can be a frustrating and stressful situation if your ex-spouse refuses to pay court-ordered spousal support. Fortunately, California law offers several legal enforcement methods to ensure that your spousal support obligations are fulfilled on time.

  • Court Contempt Proceedings – If your ex-spouse refuses to comply with a court’s spousal support order, then you can file a motion for contempt. This legal action asks the court to enforce the support order and hold your ex-spouse in contempt of court for failing to make payments. Penalties for contempt can include fines, garnishing wages, and even jail time in extreme cases. Contempt actions are a powerful tool to compel compliance, though they can be complex and often require legal representation.
  • Garnishing Wages – One of the most effective methods for collecting overdue spousal support is by garnishing wages. Courts can order your ex-spouse’s employer to deduct your alimony directly from their paycheck and send it to you. This ensures a steady flow of payments without relying on your ex-spouse to make payments voluntarily. However, if your spouse is self-employed or unemployed, you may have to explore other options.
  • Property Liens and Asset Seizure – If your ex-spouse has significant assets but refuses to pay spousal support, the court can place a lien on their property or seize assets such as bank accounts, real estate, or vehicles to satisfy the unpaid support. This approach can be highly effective if your ex-spouse owns assets of value.
  • Tax Refund Interception – Another enforcement mechanism is by intercepting tax refunds. If your ex-spouse is behind on spousal support, the court can order state or federal tax refunds intercepted and used to pay for the overdue support.
  • License Suspension – California law allows for courts to suspend various licenses, such as drivers’ or professional licenses, for failure to pay alimony. This can put significant pressure on your ex-spouse to comply with the support order ASAP, particularly if they rely on their licenses for employment or daily activities.
  • Interest on Unpaid Support – In California, unpaid spousal support gathers interest over time at a rate of 10% per year. This added financial burden can increase the amount your ex-spouse owes you over time, making it in their best interest to comply with the alimony order sooner rather than later.

It’s important to act quickly if your ex-spouse isn’t paying alimony. Delaying action can make it much more difficult for you to collect overdue payments and enforce the spousal support order.

If you’re facing this situation, working with an experienced family law attorney can help you navigate the enforcement process and ensure that you get the support that you’re entitled to. A good spousal support lawyer can help you file the necessary paperwork, represent you in court if needed, and use the appropriate enforcement methods on your behalf to compel compliance.

In most cases, strong legal action can lead to a resolution, whether through direct enforcement or negotiations with your ex-spouse. You don’t have to bear the burden of unpaid alimony alone – legal avenues are available to help you secure the financial stability you deserve.At Moradi Saslaw, we understand how important it is to secure a spousal support arrangement that reflects your needs and protects your financial well-being. With our extensive experience handling alimony cases across California, we’re committed to providing you with sound legal advice to ensure that your rights are safeguarded and your future is secure. Contact us now for the support you need to achieve a fair and just resolution of your case.


/ About the Author

Kiana katie moradi partner

Kiana Katie Moradi (Partner)

Kiana is a distinguished family law attorney with extensive expertise in high-stakes divorce, custody, and support cases. Known for her strategic counsel and unwavering client advocacy, Kiana leads her firm with a commitment to delivering exceptional legal representation across California.

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