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.
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:
The court considers the following factors when determining spousal support:
There is no fixed formula for permanent support, and judges have broad discretion based on the specific facts of each case.
The duration of spousal support depends primarily on the length of the marriage:
Even in long-term marriages, courts are trending toward encouraging supported spouses to become self-sufficient within a reasonable time.
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.
Spousal support can be modified or terminated if there is a material change in circumstances, including:
Important: A Gavron Warning places a legal expectation on the supported spouse to make reasonable efforts to become self-supporting.
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.
For high-net-worth individuals, spousal support can become complex. Our firm regularly handles:
We help ensure accurate financial disclosures and fair outcomes for both payors and recipients.
If a spouse fails to pay court-ordered support, the receiving party can request enforcement through:
Unpaid support accrues interest at 10% annually and remains collectible until satisfied. There is no statute of limitations on unpaid spousal support in California.
Parties can contractually waive or define spousal support in a valid prenuptial or postnuptial agreement. However, such provisions must:
Our attorneys draft and review these agreements to ensure legal validity and strategic protection.
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.
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.
