Spousal support in a California divorce

Temporary spousal support is meant to keep things roughly stable while the case is pending. Many courts use a local guideline or software formula to calculate it, based mostly on each spouse's income. It ends when the judgment is entered or when the court changes it.

Long-term support is different. The judge may not simply plug numbers into a formula. Instead, the judge must consider the factors in section 4320 and balance them for the specific marriage. The amount and length of long-term support can therefore differ significantly from temporary support. Spouses can also agree on support in a written settlement, including agreeing that support cannot be changed later, which is a serious decision to review with an attorney.

The factors include the following, along with any other factors the court finds just and equitable.

Section 4320(l) states the goal that the supported spouse become self-supporting within a reasonable period. For a marriage of less than 10 years, a reasonable period is generally one-half the length of the marriage, though the court can order a different period based on the circumstances.

Under section 4336, a marriage of 10 years or more, measured from the date of marriage to the date of separation, is presumed to be a marriage of long duration. In those cases, the court generally keeps the power to make support orders indefinitely unless the parties agree otherwise in writing. That does not mean support will last forever. It means there is no presumed end date, and support can be reviewed later.

Courts may give the supported spouse a warning, often called a Gavron warning, that they are expected to make reasonable efforts to become self-supporting. Failing to make those efforts can be a reason to reduce or end support later. Unless the parties agree otherwise in writing, support generally ends when either spouse dies or the supported spouse remarries.

For federal income tax purposes, spousal support paid under a divorce or separation agreement or order made after 2018 is generally not deductible by the payer and not taxable to the recipient. Older orders generally follow the earlier rules unless modified in a way that adopts the new treatment. California's own tax treatment changed later: according to the California Courts self-help guidance, support paid under orders or agreements made on or after January 1, 2026 is not deductible on California returns, while older orders keep the earlier California rules. Because tax rules depend on dates and wording, ask a tax professional how they apply to you.