

Spousal Support
In California, spousal support can be ordered in cases of dissolution of marriage (aka Divorce), legal separation, or domestic violence restraining orders. California spousal support is not as cut and dry as you might think. As the gig economy surges and fiscal ups and downs become more fluid, it can be hard to nail down just how realistic spousal support is in your case. So let’s work through the differences between temporary vs permanent spousal support California. And by the way, spousal support is synonymous with alimony but in California law the term used is spousal support. Alimony is viewed as outdated though the term does still show up in the California tax code.

Temporary vs Permanent
Temporary spousal support is designed to maintain the living conditions and standards of the parties as close to the status quo as possible during the pendency of the case. Courts have broad discretion in determining the amount of temporary spousal support, which is based on the supported spouse’s needs and the supporting spouse’s ability to pay. Unlike permanent spousal support, temporary spousal support is not governed by statutory guidelines but may rely on discretionary guidelines or formulas adopted by local courts.
(In re Marriage of Wittgrove (2004) 120 Cal.App.4th 1317; In re Marriage of Pletcher (2021) 68 Cal.App.5th 906; In re Marriage of Mendoza & Cuellar (2017) 14 Cal.App.5th 939.)

Guidelines and Formulas
Many California courts use discretionary guidelines or formulas to calculate temporary spousal support. For example, several counties, including Alameda, Santa Clara, and others, use a formula where temporary spousal support is generally computed as 40% of the payor’s net income minus 50% of the payee’s net income, adjusted for tax consequences. If child support is involved, the calculation is adjusted to account for the net income allocated to child support and related expenses. These formulas are not mandatory but serve as tools to promote consistency and predictability in temporary spousal support orders. Courts may also use software programs, such as DissoMaster, and/or XSpouse to assist in calculating temporary spousal support, provided the software complies with California Rules of Court standards.

Discretion and Deviation
While courts have discretion to deviate from these guidelines, they must consider the supported spouse’s needs and the supporting spouse’s ability to pay. Courts may also take into account the marital standard of living and other relevant factors, such as domestic violence, which can influence the amount or eligibility for spousal support. For instance, Family Code sections 4320(i), (m), and § 4325. Rebuttable presumption for conviction of domestic violence require courts to consider the impact of domestic violence when determining temporary spousal support.

Marriage of Short or Long Duration
For short-term marriages, generally defined as those lasting less than 10 years, spousal support is typically limited in duration and often includes a fixed termination date. The court is guided by Family Code § 4320, which suggests that a reasonable period for spousal support in such cases is approximately half the length of the marriage. The primary purpose of spousal support in short-term marriages is to assist the economically disadvantaged spouse in transitioning to self-sufficiency. Courts are not required to maintain the supported spouse at the marital standard of living, especially if that standard was not created by the joint efforts of the spouses. Additionally, unless the court expressly retains jurisdiction, spousal support orders in short-term marriages terminate at the end of the specified period, and jurisdiction to modify or reinstate support is also terminated.
In contrast, for long-term marriages, defined as those lasting 10 years or more, the court retains jurisdiction over spousal support indefinitely unless there is a written agreement or court order terminating jurisdiction. This indefinite jurisdiction reflects the legislative policy that long-term marriages often justify ongoing support obligations. Courts are more likely to consider the marital standard of living and the supported spouse’s ability to meet their financial needs when determining the amount and duration of support. Even if support is ordered for a limited period, it may be reinstated upon a showing of changed circumstances, provided jurisdiction has not been terminated. (Family Code § 4336.)
In summary, the key differences lie in the duration of support and the retention of jurisdiction. Short-term marriages generally result in limited, transitional support with a fixed termination date, while long-term marriages often involve indefinite jurisdiction and a greater likelihood of ongoing support obligations.

How to Request Spousal Support
If no proceeding or court action as been filed, this would be the first step. Once a dissolution of marriage (aka Divorce), legal separation, or domestic violence restraining order is initiated or pending. Once the petition is filed, you may request temporary spousal support (also known as pendente lite support) while the divorce is pending. This requires filing a Request for Order (Judicial Council Form FL-300) along with a completed Income and Expense Declaration (Judicial Council Form FL-150).
Additionally, if you and your spouse agree on spousal support terms, you may formalize the agreement in writing, which can be submitted to the court for approval. This agreement must comply with Family Code § 3580. If no agreement can be reached, the court set a court hearing after filing the necessary documents and at the hearing the will determine the amount and duration of spousal support based on factors outlined in Family Code § 4330.

How to Collect
Most of the time a party ordered by the Court to pay a monthly spousal support obligation will voluntarily pay and comply with a court order. However, in the instance where a party is ordered to pay monthly spousal payment and does not comply with the order, the Court may issue an Income Withholding Order or otherwise referred to as an Earnings Assignment Order directed to the individuals employer. This order requires the employer to withhold the spousal support amount (and any arrearages) from the obligor’s earnings and pay it directly to the obligee. This method is governed by Family Code § 5230 and is a common enforcement tool.
Another option is contempt proceedings which are a powerful enforcement tool. A party who willfully fails to comply with a spousal support order may be held in contempt of court. Each month of nonpayment can be treated as a separate count of contempt, and penalties may include fines or imprisonment. The court has broad authority to enforce its orders through contempt proceedings, as outlined in Code of Civil Procedure § 1218.5 and Family Code § 290.
Contact Scharf Law, P.C.
We hope the information contained in this information page has been of assistance in providing general legal information relating to the process surrounding spousal support. If you have any questions or would like to consult with a knowledgable and experienced attorney, please contact Scharf Law, P.C..


