Few issues in a California divorce create as much anxiety and confusion as spousal support. Often referred to as alimony, spousal support raises deeply personal and financial questions: Will I have to support my former spouse for years? Will I be able to support myself? Is support automatic? Can it ever be changed?
In 2026, California’s spousal support laws remain highly discretionary, meaning outcomes depend heavily on the specific facts of each case. Unlike child support, there is no single formula that determines long-term spousal support. Instead, courts weigh numerous statutory factors, leaving many divorcing spouses uncertain about what to expect and how to plan. Each Judicial Officer has the discretion to consider the factors independently under Family Code Section4320 when making a final support order. If the support is temporary, the Court can run an X-Spouse calculation and then make a determination using the formula set forth in the program.
Understanding how California courts approach the toughest alimony questions can help reduce uncertainty and empower you to make informed decisions during divorce.
Is Spousal Support Automatic in California?
One of the most common misconceptions is that spousal support is guaranteed in every divorce. Spousal support is not automatic. A court must first determine whether support is appropriate based on the circumstances of the marriage and the parties involved.
Temporary spousal support, which may be ordered while a divorce is pending, is often calculated using guideline formulas in many counties. However, long-term or permanent spousal support is a very different analysis. The court examines the marriage as a whole, the financial realities of both spouses, and what is fair under the law (not simply what one party requests). The Court in making a permanent order must consider and weigh the factors in Family Code Section 4320.
How Long Will Spousal Support Last?
Duration is often the most emotionally charged alimony question. California law draws a significant distinction between short-term and long-term marriages. A marriage of less than ten years is generally considered short-term, and spousal support in those cases is often limited to roughly half the length of the marriage, though this is not a hard rule.
For marriages of ten years or more, the court retains jurisdiction indefinitely. This does not mean support will necessarily last forever, but it does mean there is no automatic termination date. Support may continue, be modified, or end based on future circumstances such as retirement, remarriage, or significant changes in income. The Court can terminate, but you must make a formal request.
This uncertainty makes long-term planning and strategic negotiation essential, particularly in cases involving lengthy marriages or significant income disparities.
How Is the Amount of Support Determined?
Unlike child support, long-term spousal support does not follow a mathematical formula. Instead, California courts are guided by statutory factors that include the marital standard of living, the supported spouse’s ability to earn income, the supporting spouse’s ability to pay, and each party’s age and health.
The marital standard of living is a key reference point, but it is not a guarantee that either party will maintain the same lifestyle after divorce. Courts recognize that supporting two households on the same income often requires compromise and adjustment on both sides.
Judges also examine whether one spouse sacrificed career opportunities to support the family or the other spouse’s education or career. In many cases, these sacrifices weigh heavily in determining both the amount and duration of support.
Can a Spouse Be Forced to Work?
Another difficult question arises when one spouse believes the other can work but chooses not to. California courts may “impute” income to a supported spouse if there is evidence that the spouse has the ability and opportunity to earn income but is voluntarily underemployed or unemployed.
At the same time, courts balance this expectation against practical realities, such as the time needed to retrain, reenter the workforce, or manage health or caregiving responsibilities. In longer marriages, especially where one spouse has been out of the workforce for many years, courts may allow a more gradual transition toward self-support.
Does Fault or Infidelity Matter?
California is a no-fault divorce state, and marital misconduct such as infidelity generally does not affect spousal support. However, there are limited exceptions. For example, documented domestic violence will significantly impact spousal support determinations, potentially barring an abusive spouse from receiving support or increasing the obligation of an abusive supporting spouse.
Outside of these narrow circumstances, courts focus on financial realities rather than moral judgments.
Can Spousal Support Be Changed Later?
Spousal support orders are often modifiable, which is both reassuring and unsettling for many divorcing spouses. A significant change in circumstances such as job loss, substantial income increase, serious illness, or retirement may justify modifying support.
However, not all changes qualify, and timing matters. Courts expect parties to act reasonably and in good faith. In some negotiated settlements, parties agree to make support nonmodifiable to achieve certainty and finality, but doing so requires careful consideration and skilled legal advice.
Why Experienced Legal Guidance Matters
Spousal support decisions can shape a person’s financial stability for years, sometimes decades. Because California law gives judges broad discretion, outcomes often hinge on how effectively a case is presented, negotiated, and supported by evidence.
At Moore Schulman and Moore, APC, we understand that spousal support is not just a legal issue. It is a life issue. Our firm exclusively practices family law and brings strategic insight, financial sophistication, and compassionate advocacy to every spousal support case. Whether you are seeking support, contesting an unreasonable request, or negotiating a fair resolution, experienced counsel can make a critical difference.
Move Forward with Confidence
Divorce is already one of life’s most difficult transitions. Uncertainty about spousal support should not make it harder. With the right information and guidance, even the toughest alimony questions can be approached with clarity and confidence.
If you are facing a divorce involving spousal support in California, Moore Schulman and Moore, APC is prepared to help you navigate the process with skill, discretion, and a focus on your long-term well-being.
Read more about Alimony Myths vs. Reality here.