Alimony in California: What You Should Know

Alimony is financial assistance that one spouse pays to another during a separation or after a divorce. As you would expect, spousal support orders usually involve the higher-earning spouse paying the alimony.

Alimony, sometimes called spousal support or spousal maintenance, may not be required. If each party has separate property and makes about the same amount of money as the other, there may be no need to have temporary alimony calculated, or any form of spousal support worked out.

The laws regulating alimony vary around the country. So, if you're going to pay or receive spousal support in California, you’ll want to learn how alimony laws work in the Golden State.

Types of alimony in California

There are numerous types of alimony in California, but there are two main kinds to familiarize yourself with.

Temporary alimony

This is a form of alimony in which a judge orders a spouse to pay some amount of income until the divorce process concludes.

Temporary spousal support doesn’t mean there won’t be alimony after the divorce is granted; it’s a placeholder and an acknowledgment that until things get worked out, both spouses need revenue in their bank accounts.

Long-term alimony

Long-term spousal support is alimony that must be paid by one spouse to the other after the divorce. It may last several years or even a decade. Or a spouse could pay long-term spousal support indefinitely, which would become permanent alimony.

Long-term spousal support, when it’s not going on permanently, is sometimes called rehabilitative alimony. That’s because it may be paid to give the other party time to find a well-paying job or go back to school to get the education and marketable skills they need for a good job.

How does alimony work in California?

Many factors determine who qualifies for alimony and how much spousal support in California a person will receive or payout after a divorce. The courts tend not to put one spouse's need over another and instead devise a formula that is fair to both parties.

Divorce is treated differently depending on the state, but here are some of the inner workings of how alimony operates in California.

Who pays spousal support?

In virtually every instance, the higher-paying spouse, regardless of gender, will be paying.

The role of a prenup

If there is a valid, enforceable prenup, that may determine the alimony amount, reducing it or possibly eliminating it.

That said, if you signed a prenup and feel it’s unfair, you’d want to consider talking to a family law attorney. That’s because whether a prenup is valid ultimately comes down to the judge. A lawyer may be able to persuade the judge that the prenup should be modified or even tossed out.

How spousal support is calculated

Temporary alimony is calculated using county-specific guidelines.

As for long-term spousal support, California uses a formula. But there are no hard and fast rules, which is one reason to consider hiring an attorney. If you think the alimony amount you have to pay or will receive is unfair, a good lawyer may help make your case to the court.

To get a rough idea of spousal support payments, take 40% of the high earner's net monthly income and subtract 50% of the lower earner’s income from that 40%. Here's how that looks in practice:

If one self-supporting spouse earns $10,000 per month and the other earns $5,000 per month, temporary spousal support might be calculated in this way:

• 40% of $10,000 = $4,000
• 50% of $5,000 = $2,500
• Temporary spousal support = $4,000-$2,500 = $1,500

But a judge won't automatically declare that one party or the other has to pay $1,500 a month as long-term spousal support. Instead, judges will decide how much to award only after considering several determining factors.

What factors influence alimony decisions?

Before a judge makes a ruling on who pays what, California Law Family Code Section 4320 sets forth the factors that the court takes into consideration all the following factors when determining a spousal support order.

• Each spouse’s age and health. For instance, if your spouse's ability to pay alimony is limited due to a chronic illness, that may reduce what you receive. Or if the payee is in poor health, the judge may increase the amount or length of the spousal support.
• Marital standard of living. Alimony payments typically attempt to keep the person who is getting paid living a lifestyle similar to what they had before—and similar to the lifestyle of the payor.
• Earning capacities and job market skills. The court determines the answers to questions such as whether the payor can make payments that don’t put them into the proverbial poorhouse. In calculating the amount of spousal support or the length of time it should be, a judge may also examine the supported spouse's ability to work and earn a good living. The judge might also require the payor to pay for the other spouse's education so they can increase their net monthly income and earning capacity. That may not mean four years of college; the payor might pay the other spouse to get training to get a professional license, so he or she can be paid more, or for them to go to a vocational training program.
• Contributions to household and child-rearing. Some spouses may be responsible for managing the home, running errands, and raising kids. California law recognizes that as a valuable contribution to the marriage.
• Duration of the marriage. The longer the marriage, the more alimony is involved. A marriage less than ten years old is likely going to involve temporary spousal support. A marriage that has been ongoing for most of an adult's life will generally involve long-term spousal support, which could lead to permanent alimony for the supported party.
• Impact on children's best interests. A judge recognizes it doesn’t help the kids’ well-being if one parent is living on a yacht and the other is penniless.

Tax implications of spousal support

Whenever you pay or receive spousal support in California, you want to consider the tax consequences of alimony.

When reporting your spousal support to the federal government, you can’t deduct the payments on your federal income tax reforms. Likewise, if you are the supported party, you can’t report the alimony payments as income on federal income tax reforms.

It’s a different story with state taxes.

If you pay alimony, you can deduct the payments on your state income tax forms. If you receive alimony, you must report the payments as income on your state tax forms.

Worth noting: There is a caveat for anyone who had a spousal support order or judgment completed before January 1, 2019. If that’s your situation, California and federal tax laws for spousal support are the same. In that case, you can deduct payments on your federal income tax forms, but you must report the payments as income on your federal tax forms.

Modifying and enforcing alimony orders

At some point, you might need to change the amount of income you pay or receive. If so, you’ll want to ask the court to immediately begin spousal support modification proceedings.

That’s because it can only change the amount as far back as the date you file the request.

That said, the court will only modify alimony if something significant has occurred. If a job is lost and that affects the spouse's ability to pay the supported party, they would likely be able to get payments lowered. If the payor simply feels life would be more comfortable by paying a little less, the court will likely leave the spousal support alone.

If you’re the lower-earning spouse on the receiving end of spousal support, and the paying spouse has stopped making payments, there are numerous ways a court enforce alimony, including:

• Wage garnishment. Wage garnishment is when the employer pulls spousal support directly from the paycheck and sends it to the spouse receiving alimony.
• Legal actions such as contempt of court. A family attorney or spousal support lawyer can help the supported party get the court to recognize when the other spouse isn't fulfilling their obligations. That can help pave the way for stronger action from the court.
• Consequences for non-payment include fines and possible jail time​. In extreme cases, especially if the spouse also isn't meeting child support obligations, fining the spouse or putting them behind bars for a while may be the wake-up call they need.

8 ways a spousal support lawyer can help

If you find yourself overwhelmed trying to figure out how much support you should receive or pay, a spousal support lawyer can provide invaluable assistance to California clients on both sides of alimony by offering a range of services and expertise. They can do a lot, including the following.

1. Understanding legal rights and obligations

It helps to have a legal expert in your corner. They understand how the length of the marriage factors into a spousal support award. They know all of the nuances of temporary spousal support and how to make sure the one spouse who isn't earning as much should be compensated during a legal separation. An experienced family law attorney can make the alimony process go much more smoothly.

2. Determining eligibility and amounts

Even if everything is going well between you, a spousal support lawyer can be beneficial. You may want to give generously to your ex-spouse, and if you’re on the receiving end, you may not want to take too much from your spouse.

But sometimes, you can be so accommodating that you aren’t fair to yourself. A capable lawyer guides you, so a reasonable amount is determined for each party. That should save in court costs because if both parties feel the alimony is reasonable, and a judge recognizes that it is, everything should proceed smoothly.

3. Preparing and filing paperwork

If you use the wrong legal forms, you could weaken your legal rights or end up paying more or receiving less alimony than you should.

4. Negotiating settlements

Calculating alimony can require a lot of give and take. A spousal support attorney helps produce a fair outcome for both parties, whether that involves long-term support, permanent spousal support, or temporary support, such as rehabilitative alimony.

5. Representing clients in court

You’ve heard the advice that it isn’t a good idea to represent yourself in court. If you want the best outcome when you request support (or if you ask to have the amount you've been asked to pay reduced), it's smart to have a family law attorney guiding you.

6. Modifying and enforcing alimony orders

Even if you hammer out an acceptable written agreement deciding how much alimony will be granted, life is messy. Things can change on the journey to becoming self-supporting, and you may feel you need more financial assistance.

Meanwhile, people sometimes have trouble paying alimony; you may need help if you need to change spousal support payments down the road.

7. Addressing tax implications

A good spousal support attorney addresses specific tax consequences related to alimony or steers you to a tax professional who can help you.

8. Providing emotional support

While you’ll naturally want most of your emotional support to come from family and friends, a good attorney is ideally somebody you can lean on through the divorce process. Just knowing you have a competent professional in your corner should, hopefully, bring a lot of relief.

FAQs about CA alimony

How long does alimony last in California?

As a general rule, if a marriage has lasted 10 years or less, alimony is going to be temporary support, typically about half as many years as the marriage.

If the marriage has been ongoing for 10 or more years, then it’s up to the judge. However, the length of the marriage matters, and typically, the longer it has been, the longer the spousal support will last for the lower-earning spouse.

What is a Gavron Warning?

The expectation with alimony is often that the spouse receiving assistance will eventually be self-sufficient and have gainful employment.

A Gavron warning is a notice or reminder from the judge to the recipient that they need to do what they can to make their own income so they’ll be able to take care of themselves once the alimony ends.

How does domestic violence affect alimony decisions?

If you’re divorcing and will be paying or receiving spousal support in California, the state takes domestic violence very seriously. Abuse in a marriage can impact alimony. For instance, California Family Code Section 4325 indicates that it’s generally not good for the victim's well-being if they're paying financial support to a domestic abuser.

Likewise, an abusive spouse who has been ordered to pay spousal support may find that they’re paying more alimony, or alimony for longer, to a victim of abuse.

Does alimony end if the supported spouse in California remarries?

Yes. California Family Code Section 4337 states that if the supported spouse remarries, that's a life event that would automatically end spousal support.