Spousal support — what most people still call alimony — is the piece of a California divorce that quietly shapes the next five, ten, sometimes twenty years of a person's life. It affects when someone can retire, whether they can keep the house, whether they can pivot careers. And it is one of the least intuitive numbers in family law, because California uses two very different frameworks depending on where you are in the case.
Here is how it actually works in 2026.
Two kinds of support, two different formulas
California distinguishes between temporary spousal support (paid while the divorce is pending) and long-term or permanent spousal support (paid after judgment). They are calculated differently. Confusing them is one of the most common — and expensive — mistakes people make.
Temporary support: the guideline calculation
While the divorce is pending, courts use a guideline calculation to set support quickly. Most Northern California counties — including Sacramento and El Dorado — use the Santa Clara guideline, which is 40% of the higher earner's net monthly income, minus 50% of the lower earner's net monthly income, adjusted for child support.
In practice, family law attorneys run this through software (usually DissoMaster or Xspouse) that ingests both parties' income, tax filings, health insurance, retirement contributions, mandatory deductions, and existing support obligations. The software returns a temporary support number that the court will presumptively adopt, unless a party shows good cause to deviate.
Temporary support is meant to maintain the marital status quo while the case moves. It is not meant to be permanent, and courts are explicit that the guideline number is not a preview of what long-term support will be.
Long-term support: the Family Code 4320 factors
After judgment, guideline math is off the table. California Family Code Section 4320 governs long-term spousal support, and it requires the court to consider — not weigh mechanically — fourteen factors, including:
- Each party's earning capacity and marketable skills
- The extent to which one party's earning capacity was impaired by domestic duties during the marriage
- The extent to which the supported party contributed to the other's education, training, or career
- The supporting party's ability to pay
- The needs of each party based on the marital standard of living
- Assets and obligations of each party
- Duration of the marriage
- The supported party's ability to work without unduly interfering with the care of dependent children
- Age and health of the parties
- Documented history of domestic violence
- Tax consequences
- The goal that the supported party become self-supporting within a reasonable period of time
That "reasonable period of time" is the phrase that carries the most weight. For marriages under ten years, it's generally presumed to be half the length of the marriage. For marriages of ten years or more (a "long-term marriage" under Family Code 4336), the court retains jurisdiction indefinitely and there is no presumptive termination date.
What actually moves the number
In our experience, five variables move California long-term spousal support more than anything else:
- The marital standard of living. Not last month's spending — the standard of living established during the marriage. Documenting it matters.
- Real earning capacity of the supported spouse. Not what they currently earn, but what they could earn given their skills, market, and time to retrain. Vocational evaluations are commissioned when this is contested.
- The Gavron warning. A supported spouse who has received a formal Gavron warning is on notice that they must make reasonable efforts to become self-supporting. Failing to do so can — and does — reduce or terminate support at a modification hearing.
- Length of marriage crossing the 10-year line. A 9-year, 10-month marriage is legally very different from a 10-year, 2-month marriage. If you're close to that threshold, timing matters.
- Investment income and hidden compensation. Executive stock, RSUs vesting after separation, deferred compensation, and business retained earnings all complicate income and are frequently missed by parties without counsel.
Duration: the number after the number
Duration is often more important than amount. A $6,000/month order for 4 years costs $288,000. The same order for 15 years costs $1.08 million. Duration is governed by:
- Length of marriage
- Supported spouse's progress toward self-sufficiency
- Whether the supported spouse cohabitates with a new partner (Family Code 4323 creates a rebuttable presumption of decreased need)
- Retirement of the supporting spouse in good faith at a reasonable age
- Death of either spouse or remarriage of the supported spouse
Modification: what changes support later
Long-term spousal support can be modified when there is a material change in circumstances — a job loss, a promotion, a health event, retirement, cohabitation, or a documented failure to become self-supporting. It cannot be modified if the parties negotiated a non-modifiable amount into their judgment (which is a serious decision to make with counsel).
The most common misconceptions
- "There's a formula for long-term support." There isn't. Guideline math applies only to temporary support.
- "I'll get half his income." Rare, and never automatic. The number is built from a full financial picture.
- "Cohabitation ends support automatically." No — it creates a rebuttable presumption of decreased need. It must still be proven, and the other party can rebut.
- "Long marriages mean lifetime support." Not exactly. The court retains jurisdiction indefinitely for 10+ year marriages, but the goal of self-support still applies.
What to bring to a consultation
If you're evaluating support in a California divorce, the fastest path to a real answer is a consultation with your last two years of tax returns, recent pay stubs, and a rough sense of the marital standard of living. From there, we can run temporary guideline numbers and give you a defensible range for long-term support — before positions harden and legal costs escalate.
Spousal support is one of the few areas of family law where preparation directly changes the outcome. It rewards clarity, documentation, and strategy applied early.
Consultation
A steady hand for the decisions that matter most.
If any of what you've read applies to your situation, a focused consultation with Sue Saign will give you a real read on the options — before positions harden.