California Spousal Support Calculator
Calculate spousal support in California using county-specific formulas for temporary support and comprehensive Family Code § 4320 analysis for permanent alimony.
Understanding California Spousal Support
Temporary Support (Pendente Lite)
- County-specific formula calculations
- Typically 30-40% of income difference
- Used during divorce proceedings
- Quick determination method
Permanent Support (FC § 4320)
- 14 statutory factors analysis
- Marriage duration consideration
- Standard of living preservation
- Comprehensive judicial discretion
County-Specific Formulas
Los Angeles County
40% of higher earner's net income minus 50% of lower earner's net income
Santa Clara County
35% of higher earner's gross income minus 40% of lower earner's gross income
Alameda County
33% of higher earner's net income minus 33% of lower earner's net income
Spousal Support Analysis
Our calculator analyzes both temporary and permanent spousal support using California's county formulas and comprehensive Family Code § 4320 factors.
Important Legal Disclaimer
This calculator provides estimates based on California Family Code § 4320 and county-specific formulas. Spousal support determinations involve significant judicial discretion and complex factual analysis. Temporary support formulas vary by county, and permanent support considers numerous factors beyond income. Consult with a qualified California family law attorney for advice specific to your situation and county.
Family Code § 4320: The 14 Factors
For permanent spousal support, California courts must consider all 14 statutory factors. Here are the most impactful factors that typically determine support outcomes:
1. Marriage Duration
Marriages over 10 years = "long-term" with potential indefinite support. Under 10 years typically receive support for half the marriage duration.
2. Standard of Living
Goal is to maintain the standard of living established during marriage, balanced against both parties' financial realities.
3. Earning Capacity
Current ability to earn and potential for self-support through education or training programs.
4. Contributing to Education
If one spouse supported the other's education/career advancement, this significantly impacts support awards.
5. Age & Health
Physical and mental health conditions affecting ability to work and become self-supporting.
6. Domestic Violence
Documented history affects both duration and amount of support, with specific protections for victims.
7. Assets & Obligations
Property division impacts support needs. Debt obligations affect ability to pay support.
8. Goal of Self-Support
Supported spouse should become self-supporting within reasonable time when possible.
Why Spousal Support is Complex
Unlike child support (which follows mathematical formulas), spousal support involves significant judicial discretion. Our calculator provides estimates for temporary support and helps analyze permanent support factors, but courts consider unique circumstances in each case.
Temporary Support
More predictable using county formulas. Provides quick financial relief during divorce proceedings.
Permanent Support
Highly discretionary based on 14 factors. Requires comprehensive case analysis and evidence.
Our Approach
Provides range estimates and factor analysis to help you understand potential outcomes.
County Formula Variations
Santa Clara County Formula
Basic Formula: 40% of higher earner's NDI minus 50% of lower earner's NDI
Maximum Award: Cannot exceed 40% of higher earner's NDI
Most commonly referenced statewide due to detailed guidelines
Los Angeles County Formula
Basic Formula: 20% of gross income difference for marriages under 10 years
Long-term Marriage: 30-40% for marriages over 10 years
Varies significantly based on marriage duration
Alameda County Formula
Short-term Marriage: 25% of income difference for under 5 years
Medium-term Marriage: 30% for 5-15 years
Long-term Marriage: 35% for over 15 years
Important County Considerations
Each county has developed its own temporary support guidelines. These formulas are used for pendente lite (temporary) support during divorce proceedings, not for permanent support determinations which rely on Family Code § 4320 factors.
Marriage Duration Impact on Support
Short-Term Marriage
Under 10 Years
- • Support duration: 50% of marriage length
- • Lower percentage formulas typically applied
- • Strong presumption against indefinite support
- • Self-sufficiency expectation within reasonable time
Long-Term Marriage
10+ Years
- • Rebuttable presumption of indefinite support
- • Higher percentage formulas
- • Court retains jurisdiction indefinitely
- • Standard of living during marriage heavily weighted
Very Long Marriage
20+ Years
- • Strong presumption of permanent support
- • Difficult to modify or terminate
- • Aging spouse considerations prominent
- • Career sacrifice acknowledgment significant
Common California Spousal Support Scenarios
Scenario 1: Professional with Stay-at-Home Spouse
Higher Earner: $15,000/month attorney
Lower Earner: Homemaker, no recent income
Marriage Duration: 18 years
Children: 2 minors
Likely Outcome: Indefinite support
Estimated Amount: $4,500-6,000/month
Key Factors: Career sacrifice, age, education needs
Modification: Possible if re-employment occurs
Long-term marriages where one spouse sacrificed career for family typically result in substantial, often permanent support. The court considers the difficulty of re-entering the workforce after extended absence.
Scenario 2: Dual Career Couple
Higher Earner: $12,000/month engineer
Lower Earner: $7,000/month teacher
Marriage Duration: 12 years
Children: None
Likely Outcome: Limited duration support
Estimated Amount: $1,500-2,500/month
Duration: 3-6 years
Modification: Step-down provisions likely
When both spouses have established careers, support tends to be more limited in duration and amount. The court focuses on equalizing post-divorce living standards rather than long-term dependency.
Scenario 3: Short Marriage, High Assets
Higher Earner: $25,000/month business owner
Lower Earner: $4,000/month retail manager
Marriage Duration: 6 years
Assets: $2M+ community property
Likely Outcome: Limited, rehabilitative support
Estimated Amount: $3,000-5,000/month
Duration: 2-3 years maximum
Rationale: Property division provides security
In shorter marriages with substantial assets, courts often limit spousal support duration, reasoning that property division provides sufficient financial security for the lower-earning spouse.
Advanced Spousal Support Questions
How do retirement accounts affect spousal support calculations?
Retirement contributions are generally deducted from gross income for support calculations, but courts examine whether contributions are reasonable and necessary. Excessive contributions to avoid support obligations may be imputed back as available income.
Pro Tip: Document historical contribution patterns. Sudden increases during divorce proceedings raise red flags with courts.
Can spousal support be modified if my ex-spouse remarries?
Remarriage of the supported spouse automatically terminates spousal support in California, unless the parties have agreed otherwise in writing. Cohabitation with a new partner may also be grounds for modification if it reduces the supported spouse's financial need.
Important: Cohabitation requires proving decreased need, not just the existence of the relationship. Financial interdependence must be demonstrated.
What happens to spousal support when the paying spouse retires?
Retirement doesn't automatically terminate or reduce spousal support. Courts consider whether retirement is voluntary, reasonable based on age and career, and the continuing needs of both parties. Social Security and retirement income become part of the analysis.
Planning Tip: For long-term support orders, consider including provisions for retirement scenarios to avoid costly modification proceedings later.
How do stock options and bonuses factor into support calculations?
Variable compensation like bonuses and stock options are included in income for support purposes. Courts typically average variable income over multiple years and may order percentage-based support adjustments when bonuses are received.
Complex Issue: Unvested stock options and restricted stock require specialized valuation and timing considerations for support calculations.
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