Spousal Support (Alimony) Lawyers in San Diego

Balancing Fairness and Financial Stability in Divorce

Spousal support—also known as alimony—is one of the most contested and misunderstood aspects of family law in California. Whether you are seeking support or being asked to pay it, SD Law Center’s experienced San Diego divorce attorneys are here to protect your rights and ensure that any award is consistent with California law, your financial reality, and the goals of equitable resolution.

What Is Spousal Support in California?

Spousal support is a court-ordered payment from one spouse to another during or after a divorce or legal separation. Its purpose is to help the lower-earning spouse maintain a standard of living reasonably comparable to that enjoyed during the marriage.

California recognizes two types of spousal support:

1. Temporary Spousal Support (or pendente lite): Awarded while divorce is pending, typically calculated using a guideline formula.
2. Permanent or Long-Term Spousal Support: Ordered upon final judgment and based on factors set forth in California Family Code § 4320.

Legal Basis: California Family Code § 4320

The court considers the following factors when determining spousal support:

• The length of the marriage
• The standard of living established during the marriage
• Each spouse’s earning capacity and job skills
• Whether one spouse contributed to the education or training of the other
• The age and health of both spouses
• History of domestic violence (see Family Code § 4325)
• Tax consequences
• The goal that the supported spouse becomes self-supporting within a reasonable time (known as the Gavron Warning under Family Code § 4330)

There is no fixed formula for permanent support, and judges have broad discretion based on the specific facts of each case.

How Long Does Spousal Support Last?

The duration of spousal support depends primarily on the length of the marriage:

• Short-term marriages (less than 10 years): Support generally lasts half the length of the marriage.
• Long-term marriages (10 years or more under Family Code § 4336): No presumed end date; support may be indefinite but still subject to modification.

Even in long-term marriages, courts are trending toward encouraging supported spouses to become self-sufficient within a reasonable time.

Temporary Spousal Support Guidelines

During the divorce process, courts often use a formulaic approach (similar to child support) to calculate temporary spousal support. In San Diego, the commonly used formula is:

Temporary Support = 40% of Payor's Net Income - 50% of Recipient's Net Income

This is intended to maintain the status quo and provide immediate financial stability until permanent support is resolved.

Modification and Termination of Spousal Support

Spousal support can be modified or terminated if there is a material change in circumstances, including:

• Loss of income or employment
• Retirement
• Remarriage of the supported spouse (automatic termination)
• Cohabitation with a new partner (may justify reduction)
• Increased earnings or self-sufficiency of the supported spouse

Important: A Gavron Warning places a legal expectation on the supported spouse to make reasonable efforts to become self-supporting.

Vocational Evaluations and Earning Capacity

Courts may order a vocational evaluation under Family Code § 4331 to assess a party’s ability to become self-supporting. These evaluations consider education, work history, job market conditions, and retraining needs.

If a spouse is voluntarily unemployed or underemployed, the court may impute income based on earning capacity.

High-Income and Complex Support Cases

For high-net-worth individuals, spousal support can become complex. Our firm regularly handles:

• Support involving business owners and self-employed parties
• Disputes over hidden income or underreporting
• Analysis of stock options, deferred compensation, and bonuses
• Use of forensic accountants to assess true income and expenses

We help ensure accurate financial disclosures and fair outcomes for both payors and recipients.

Enforcement of Spousal Support Orders

If a spouse fails to pay court-ordered support, the receiving party can request enforcement through:

• Wage garnishment
• Contempt of court
• Property liens
• Writs of execution

Unpaid support accrues interest at 10% annually and remains collectible until satisfied. There is no statute of limitations on unpaid spousal support in California.

Prenuptial and Postnuptial Agreements on Support

Parties can contractually waive or define spousal support in a valid prenuptial or postnuptial agreement. However, such provisions must:

• Be entered voluntarily
• Include full and fair financial disclosures
• Be signed with independent counsel (for enforceability)

Our attorneys draft and review these agreements to ensure legal validity and strategic protection.

Why Choose SD Law Center for Spousal Support Matters?

• Deep knowledge of California support law and judicial trends
• Courtroom-tested litigators skilled in high-conflict support disputes
• Use of expert testimony from vocational evaluators and CPAs
• Honest assessments of your obligations or entitlements
• Proactive modification and enforcement strategies

Frequently Asked Questions (FAQs)

Can I waive spousal support in a prenup? Yes, but it must be done correctly and fairly to be enforceable.

Do I have to pay spousal support if I was married less than two years? Not necessarily. Short-term marriages may result in limited or no support, depending on the circumstances.

Does spousal support end if my ex moves in with someone? Possibly. Cohabitation may justify a reduction or termination, depending on financial benefit to the supported spouse.

What if my ex is capable of working but refuses to? The court can impute income based on earning capacity if supported by evidence.

Can I get spousal support if I’m a man? Yes. Gender plays no role. Any lower-earning spouse may be eligible for support.

Schedule a Spousal Support Consultation Today

Spousal support can have lasting financial consequences. Whether you’re paying or receiving, let SD Law Center advocate for your rights and help secure a just result.