10 Key Factors That Influence Spousal Support in California

Key Takeaways

• California courts heavily consider Family Code §4320 in determining spousal support.

• Factors include income, standard of living, marriage length, health, and contributions to a spouse’s career.

• Spousal support may be temporary or long-term depending on the circumstances.

• Duration rules are guidelines, not guarantees — courts retain discretion, especially in long-term marriages.

• Domestic violence convictions within the last 5 years (or during proceedings) can bar support.

• Los Angeles courts apply the same statewide rules but may have longer timelines to obtain support orders due to heavy caseloads.

Spousal support, also known as alimony, is often one of the most important — and most contested — issues in a California divorce. Whether you’re in Los Angeles, San Bernadino, or elsewhere in the state, California courts follow Family Code §4320, which sets out the factors judges must consider before awarding spousal support.

Here are the 10 key factors California courts evaluate when deciding spousal support.

1. Each Spouse’s Income and Earning Capacity

Judges review both actual income and potential earning capacity. This means they consider whether a spouse has the skills, education, and opportunity to earn more than they currently do.

2. Standard of Living During the Marriage

Courts often try to maintain, as closely as possible, the marital standard of living. This doesn’t mean both spouses will live exactly the same way after divorce — but the goal is fairness based on the lifestyle established during the marriage.

3. Length of the Marriage

• Short-term marriages (generally under 10 years): Courts often use the guideline of awarding support for about half the length of the marriage.

• Long-term marriages (10+ years): Courts retain jurisdiction indefinitely, meaning support may last longer — but it is not automatically “permanent.” It can still be modified or ended if circumstances change.

4. Age and Health of Each Spouse

If one spouse faces health challenges or age-related barriers that affect their ability to work, this can weigh in favor of support.

5. Contributions to the Other Spouse’s Career or Education

If a spouse supported the other by helping pay for school, advancing their career, or sacrificing their own career for childcare, the court considers this heavily.

6. Parental Responsibilities

Child custody and parenting responsibilities may limit one spouse’s ability to work full-time. Courts account for this when determining support.

7. Financial Needs and Obligations

Judges evaluate each spouse’s monthly expenses, debts, and overall financial responsibilities to see what level of support is appropriate.

8. Domestic Violence or Misconduct

California Family Code §4325 creates a presumption against awarding support to a spouse convicted of domestic violence against the other spouse within the past 5 years, or during the divorce proceedings. This presumption can sometimes be rebutted but carries significant weight.

9. Tax Implications

For spousal support awards made after January 1, 2019. spousal support is no longer tax-deductible for the paying spouse nor taxable income for the receiving spouse under federal law; However, California courts still consider the net income available to each spouse after taxes when determining the ability to pay and the need for support.

10. Other Relevant Factors Under Family Code §4320

Judges have flexibility to consider any other factor they believe is fair — from the spouses’ conduct to unique financial or family circumstances.

Los Angeles vs. Other California Courts

The rules are the same across the state, but local practice can vary:

• Los Angeles Superior Court is the largest family law court system in California, which may mean longer timelines due to heavy caseloads.

• Courts in smaller counties, such as Santa Clara (San Jose), may move cases faster, though the legal principles remain the same.

Spousal support in California is not determined by a single formula. Instead, judges balance a range of factors to reach a fair outcome for both spouses.

At the Law Office of Angel J. Jordan, APC, we understand that spousal support can profoundly impact your financial stability and your future. That’s why we approach every case with our core values: Compassionate. Collaborative. Client Focused.

As a 5-star rated family law firm in Los Angeles, we are committed to protecting your interests and guiding you with clarity.

📞 Schedule your consultation today to discuss spousal support and your family law needs.