Few areas of California family law are surrounded by as many myths as spousal support. Stories circulate among friends, online forums, and social media suggesting that alimony is automatic, permanent, or designed to punish the higher-earning spouse. Others believe support is easy to avoid or can be eliminated simply by refusing to work.
In 2026, none of these assumptions accurately reflect how California courts decide spousal support. Because the law grants judges broad discretion, misunderstandings can lead to unrealistic expectations, poor settlement decisions, and unnecessary conflict. Separating myth from reality is essential for anyone navigating divorce.
Myth: Alimony Is Automatic in Every Divorce
Reality:
Spousal support is not guaranteed. Courts do not start from the assumption that one spouse must support the other. Instead, the court evaluates whether support is appropriate at all, based on the facts of the marriage and the financial circumstances of both parties.
In some divorces (particularly those involving short marriages or spouses with comparable incomes) spousal support may be denied entirely. The outcome depends on need, ability to pay, and the broader statutory framework, which includes the factors set forth in Family Code 4320, not entitlement.
Myth: Alimony Lasts Forever
Reality:
The idea of “lifetime alimony” is one of the most persistent misconceptions. While California courts retain jurisdiction indefinitely in marriages lasting ten years or more, this does not mean support will continue forever.
Support orders often evolve. Courts expect supported spouses to make reasonable efforts toward self-support over time, and support may be reduced or terminated due to retirement, changes in income, remarriage, or other significant life events. Even in long-term marriages, permanence is the exception, not the rule.
Myth: There Is a Formula That Determines Long-Term Support
Reality:
Unlike child support where the court has limited discretion, long-term spousal support does not follow a formula. Temporary support may be calculated using software or local guidelines while a divorce is pending, but permanent support decisions rely on judicial discretion.
Judges evaluate the marital standard of living, each spouse’s earning capacity, career sacrifices made during the marriage, age, health, and the overall financial picture. Two cases with similar incomes can result in very different outcomes depending on these factors.
Myth: A Spouse Can Simply Refuse to Work and Collect Support
Reality:
California courts are not required to accept voluntary unemployment or underemployment. If evidence shows that a supported spouse has the ability and opportunity to earn income, the court may impute income. That means support is calculated as if that spouse were earning a reasonable amount.
That said, courts also recognize reality. A spouse who has been out of the workforce for many years may need time to retrain or reenter employment. The law balances fairness with practicality, particularly in longer marriages.
Myth: Infidelity Automatically Affects Alimony
Reality:
California is a no-fault divorce state. Cheating, moral failings, or the breakdown of the relationship generally do not affect spousal support. Courts focus on finances, not blame.
There are narrow exceptions. Domestic violence, for example, can have a significant impact on support awards. Outside of those limited circumstances, marital misconduct is largely irrelevant.
Myth: Once Spousal Support Is Ordered, It Can Never Change
Reality:
Most spousal support orders are modifiable. A significant change in circumstances (such as job loss, serious illness, or retirement) may justify modifying or terminating support. However, courts expect changes to be genuine, substantial, and not self-inflicted.
Some parties choose to make support nonmodifiable through settlement agreements, trading flexibility for certainty. Whether that is wise depends on the individual case and should never be decided without careful legal guidance.
Myth: Only the Higher-Earning Spouse Needs a Lawyer
Reality:
Both paying and receiving spouses benefit from experienced representation. Spousal support decisions can shape financial stability for years, and missteps affect both sides.
For supported spouses, failing to properly document need, career sacrifices, or earning limitations can result in insufficient support. For supporting spouses, failing to challenge inflated claims or unsupported assumptions can lead to unjust obligations. Effective advocacy matters on both sides of the issue.
Why Understanding the Reality Matters
Spousal support is one of the most negotiated and litigated aspects of divorce because it sits at the intersection of finances, fairness, and future security. Myths often drive unrealistic expectations that make settlement harder and litigation more expensive.
At Moore Schulman and Moore, APC, we focus on clarity, strategy, and results. As a firm that exclusively practices family law, we understand how judges actually analyzeanalyze spousal support cases - not just how the law reads on paper. Our goal is to help clients move forward with informed decisions, realistic expectations, and strong legal positioning.
Plan for the FuturePlan with Confidence
Divorce is difficult enough without misinformation clouding the process. Understanding the real rules behind spousal support can reduce anxiety, improve outcomes, and help you plan for the futureplan with confidence.
If spousal support is a concern in your California divorce, seeking experienced legal guidance early can make all the difference.
Few areas of California family law are surrounded by as many myths as spousal support. Stories circulate among friends, online forums, and social media suggesting that alimony is automatic, permanent, or designed to punish the higher-earning spouse. Others believe support is easy to avoid or can be eliminated simply by refusing to work.
In 2026, none of these assumptions accurately reflect how California courts decide spousal support. Because the law grants judges broad discretion, misunderstandings can lead to unrealistic expectations, poor settlement decisions, and unnecessary conflict. Separating myth from reality is essential for anyone navigating divorce.
Myth: Alimony Is Automatic in Every Divorce
Reality:
Spousal support is not guaranteed. Courts do not start from the assumption that one spouse must support the other. Instead, the court evaluates whether support is appropriate at all, based on the facts of the marriage and the financial circumstances of both parties.
In some divorces (particularly those involving short marriages or spouses with comparable incomes) spousal support may be denied entirely. The outcome depends on need, ability to pay, and the broader statutory framework, which includes the factors set forth in Family Code 4320, not entitlement.
Myth: Alimony Lasts Forever
Reality:
The idea of “lifetime alimony” is one of the most persistent misconceptions. While California courts retain jurisdiction indefinitely in marriages lasting ten years or more, this does not mean support will continue forever.
Support orders often evolve. Courts expect supported spouses to make reasonable efforts toward self-support over time, and support may be reduced or terminated due to retirement, changes in income, remarriage, or other significant life events. Even in long-term marriages, permanence is the exception, not the rule.
Myth: There Is a Formula That Determines Long-Term Support
Reality:
Unlike child support where the court has limited discretion, long-term spousal support does not follow a formula. Temporary support may be calculated using software or local guidelines while a divorce is pending, but permanent support decisions rely on judicial discretion.
Judges evaluate the marital standard of living, each spouse’s earning capacity, career sacrifices made during the marriage, age, health, and the overall financial picture. Two cases with similar incomes can result in very different outcomes depending on these factors.
Myth: A Spouse Can Simply Refuse to Work and Collect Support
Reality:
California courts are not required to accept voluntary unemployment or underemployment. If evidence shows that a supported spouse has the ability and opportunity to earn income, the court may impute income. That means support is calculated as if that spouse were earning a reasonable amount.
That said, courts also recognize reality. A spouse who has been out of the workforce for many years may need time to retrain or reenter employment. The law balances fairness with practicality, particularly in longer marriages.
Myth: Infidelity Automatically Affects Alimony
Reality:
California is a no-fault divorce state. Cheating, moral failings, or the breakdown of the relationship generally do not affect spousal support. Courts focus on finances, not blame.
There are narrow exceptions. Domestic violence, for example, can have a significant impact on support awards. Outside of those limited circumstances, marital misconduct is largely irrelevant.
Myth: Once Spousal Support Is Ordered, It Can Never Change
Reality:
Most spousal support orders are modifiable. A significant change in circumstances (such as job loss, serious illness, or retirement) may justify modifying or terminating support. However, courts expect changes to be genuine, substantial, and not self-inflicted.
Some parties choose to make support nonmodifiable through settlement agreements, trading flexibility for certainty. Whether that is wise depends on the individual case and should never be decided without careful legal guidance.
Myth: Only the Higher-Earning Spouse Needs a Lawyer
Reality:
Both paying and receiving spouses benefit from experienced representation. Spousal support decisions can shape financial stability for years, and missteps affect both sides.
For supported spouses, failing to properly document need, career sacrifices, or earning limitations can result in insufficient support. For supporting spouses, failing to challenge inflated claims or unsupported assumptions can lead to unjust obligations. Effective advocacy matters on both sides of the issue.
Why Understanding the Reality Matters
Spousal support is one of the most negotiated and litigated aspects of divorce because it sits at the intersection of finances, fairness, and future security. Myths often drive unrealistic expectations that make settlement harder and litigation more expensive.
At Moore Schulman and Moore, APC, we focus on clarity, strategy, and results. As a firm that exclusively practices family law, we understand how judges actually analyzeanalyze spousal support cases - not just how the law reads on paper. Our goal is to help clients move forward with informed decisions, realistic expectations, and strong legal positioning.
Plan for the FuturePlan with Confidence
Divorce is difficult enough without misinformation clouding the process. Understanding the real rules behind spousal support can reduce anxiety, improve outcomes, and help you plan for the futureplan with confidence.
If spousal support is a concern in your California divorce, seeking experienced legal guidance early can make all the difference.