Estimate spousal support payments based on California guidelines
Estimated Alimony Payment
Disclaimer: This calculator provides an estimate based on California guidelines. Actual alimony amounts may vary based on court decisions, specific circumstances, and judicial discretion. Consult with a qualified attorney for legal advice.
Understanding California Alimony Laws
In California, alimony (also called "spousal support") is financial assistance that one spouse provides to the other after divorce or separation. California courts consider various factors when determining alimony, including:
- The length of the marriage
- Each spouse's earning capacity and financial needs
- The standard of living established during the marriage
- Age and health of both parties
- Debts and assets of each party
- Whether one spouse supported the other's education or career
For marriages lasting less than 10 years, alimony typically lasts for half the length of the marriage. For marriages over 10 years, the court may not set a specific end date, though the goal is for the supported spouse to become self-sufficient within a reasonable time.
Types of Alimony in California
Temporary Support
Paid during divorce proceedings to maintain the status quo until the divorce is finalized.
Rehabilitative Support
Helps the lower-earning spouse gain education or training to become self-sufficient.
Permanent Support
May be awarded after long-term marriages (10+ years) until the recipient remarries or either party dies.
Lump Sum Support
One-time payment instead of ongoing monthly payments.
California courts have significant discretion in determining the type, amount, and duration of alimony based on the specific circumstances of each case.
How California Courts Calculate Alimony
While there's no fixed formula for permanent spousal support in California, many courts use the following guideline for temporary support:
40% of higher earner's net income - 50% of lower earner's net income
(Adjusted if there are children)
For permanent support, courts consider factors outlined in California Family Code Section 4320:
Modification and Termination of Alimony
Spousal support orders can be modified if there is a "material change in circumstances." Common reasons for modification include:
Significant Income Changes
Either spouse experiences a substantial increase or decrease in income.
Cohabitation
The supported spouse begins living with a new partner in a relationship akin to marriage.
Remarriage
Alimony automatically terminates when the supported spouse remarries.
Retirement
The paying spouse reaches retirement age and experiences a reduction in income.
Death
Alimony terminates upon the death of either spouse unless otherwise specified.
To modify an existing alimony order, you must file a Request for Order with the court and demonstrate that circumstances have changed significantly since the original order.
Frequently Asked Questions
For divorces finalized after December 31, 2018, alimony payments are no longer tax-deductible for the payer, and the recipient no longer has to report them as income, due to the Tax Cuts and Jobs Act of 2017.
For marriages under 10 years, alimony typically lasts for half the length of the marriage. For marriages over 10 years, the court may not set a specific end date, though the goal is for the supported spouse to become self-sufficient within a reasonable time.
Yes, alimony can be modified if there is a "material change in circumstances" such as significant income changes, cohabitation of the receiving spouse, health issues, or retirement. You must file a Request for Order with the court to request modification.
If you cannot afford to pay alimony due to job loss or other financial hardship, you should immediately file a motion to modify the support order. Continuing to miss payments without court approval can result in serious consequences, including wage garnishment, property liens, and even contempt of court charges.
Yes, alimony automatically terminates when the supported spouse remarries. However, if the paying spouse remarries, this does not automatically change their obligation to pay alimony to their former spouse.
