Estimated Monthly Guideline Amount
The §4320 Factors: How Courts Decide
For permanent spousal support, judges don't use a simple formula. They weigh these factors to determine a fair amount and duration.
- Marital Standard of Living: The lifestyle you were accustomed to during the marriage. This sets the baseline.
- Ability to Pay: The supporting spouse's earning capacity, income, assets, and standard of living.
- Needs of Each Party: The supported spouse's needs, based on the marital standard of living.
- Contributions to Marriage: Including one spouse's contribution to the other's education, training, or career.
- Assets and Debts: The separate and community property and debts of each party.
- Duration of Marriage: Marriages under 10 years have different duration rules than "long-term" marriages (10+ years).
- Self-Sufficiency: The ability of the supported spouse to become self-supporting, and the time/effort required.
- Age and Health: The age and health of both parties can impact earning capacity and needs.
- Tax Consequences: The immediate and specific tax consequences to each party.
- Hardships: The balance of hardships to each party.
- History of Domestic Violence: A conviction for domestic violence can significantly impact alimony.
- Other Relevant Factors: The law allows judges to consider any other factors they deem just and equitable.
Three Steps to Clarity
Our tool simplifies complex calculations into an intuitive process, giving you an initial guideline amount in seconds.
Input Incomes
Enter the gross (pre-tax) monthly incomes for both spouses. This is the primary data point for guideline calculations.
Define Marriage Length
Provide the duration of the marriage in years. This is critical for determining potential duration and legal classification.
Analyze Results
Receive an estimated temporary support amount and explore the comprehensive §4320 factors that courts use for final orders.
Why Use Our Calculator?
We go beyond simple math, integrating key legal frameworks to provide a more insightful and educational experience.
County Guideline Formula
Uses a common formula (like Santa Clara's) for *temporary* spousal support, giving you a realistic starting point for negotiations.
Duration Context
Automatically provides context on support duration based on California's "10-year rule" for short-term vs. long-term marriages.
§4320 Factor Integration
Connects the initial estimate to the real-world factors a judge must consider for a final, permanent support order.
Modern & Educational
Designed to not just give a number, but to educate you on the nuances of California spousal support law in a clear, modern interface.
The California Alimony Landscape
In California, "alimony" is legally called "spousal support." It's not designed to be a penalty, but rather to help the lower-earning spouse maintain the marital standard of living and become self-sufficient.
- Temporary vs. Permanent: Temporary support is calculated with a formula to maintain the status quo during divorce proceedings. Permanent (or "post-judgment") support is decided later based on the complex §4320 factors.
- The 10-Year Rule: Marriages under 10 years are "short-term," with support typically lasting for half the marriage length. For "long-term" marriages (10+ years), the court usually retains the power to order support indefinitely.
- Not Child Support: Spousal support is entirely separate from child support, which is calculated using its own statewide guideline formula.
Inside the §4320 Factors
This is the official checklist from the California Family Code that judges use to determine final spousal support. Click each factor to learn more.
Marital Standard of Living
This is the benchmark. The court examines the lifestyle the couple enjoyed during the marriage—housing, vacations, spending habits, etc. The goal of support is to maintain this standard for the supported spouse, as closely as possible, based on what the paying spouse can afford.
Ability to Pay & Needs
This is a two-sided coin. The court analyzes the supporting spouse's earning capacity, income, and assets to see what they can reasonably pay. Simultaneously, it assesses the supported spouse's actual needs to maintain the marital standard of living. Support cannot be ordered that would leave the paying spouse unable to meet their own basic needs.
Contributions to Marriage
This recognizes non-financial contributions. If one spouse stayed home to raise children or put their career on hold to support the other's education or professional advancement, the court considers this a valuable contribution that may warrant spousal support to compensate for their lost earning potential.
Assets & Debts
The division of community property plays a huge role. If the supported spouse receives significant income-producing assets (like a rental property or investment portfolio) in the divorce settlement, their need for spousal support may be reduced or eliminated.
Duration of Marriage
This is a critical factor influencing the length of support payments. For short-term marriages (under 10 years), support is generally presumed to last for half the length of the marriage. For long-term marriages (10+ years), the court retains jurisdiction to order support for as long as necessary, with no set end date.
Age & Health
The court considers the age and health of both parties. A younger, healthier spouse may be expected to become self-supporting more quickly. Conversely, an older spouse or one with significant health problems may have a greater need for long-term support due to a diminished capacity to work.
Frequently Asked Questions
Get answers to the most common questions about California spousal support to better understand your situation.
For divorce agreements executed after December 31, 2018, spousal support is no longer tax-deductible for the payer, nor is it considered taxable income for the recipient at the federal level. California state tax law conforms to this change.
If the receiving spouse remarries, spousal support automatically terminates by law. If they begin cohabiting with a new non-marital partner, there is a "rebuttable presumption" that their need for support has decreased. The paying spouse can file a motion with the court to modify or terminate support.
Yes, unless the original order was made "non-modifiable." To get a modification, the party requesting the change must prove a "material change of circumstances" since the last order was made. This could include a significant job loss, a promotion, retirement, or a change in health.