Spousal support can shape your budget for years after a divorce. If you’re paying, you want an amount you can afford after taxes and your own bills. If you put your career on hold to raise children or help your spouse build theirs, that sacrifice should count when the court sets the amount.
California spousal support is calculated in two stages. While the divorce is pending, most courts use a guideline formula based on each spouse’s take-home pay. When the case ends, a judge sets long-term support by weighing factors like how long you were married and what each of you can earn. Either way, the result depends on the income and expense numbers each spouse reports to the court.
Getting those numbers right is where Stephanie J. Squires’ experience matters. She has practiced law in California since 1997, and she has repaired divorces where the forms were wrong or support was left out. That’s why she reviews the financial disclosures before recommending any settlement.
Schedule a free consultation with the Law Office of Stephanie J. Squires to see where your numbers stand.
Key Takeaways
- Temporary support usually follows a formula: 40% of the higher earner’s take-home pay minus 50% of the lower earner’s.
- Long-term support has no formula. A judge weighs factors like earning ability, lifestyle during the marriage, and how long you were married.
- For agreements signed on or after January 1, 2026, spousal support is no longer deducted or taxed on California returns.
Each of these can change what you pay or receive. In a free consultation, the Law Office of Stephanie J. Squires can show you how they apply to your case.
Temporary vs. Long-Term Spousal Support in California
Temporary spousal support covers the months between filing and judgment. When the divorce is final, long-term spousal support takes its place, and each one is calculated differently.
How Temporary Support Is Calculated
Temporary spousal support is usually calculated with a guideline formula that works in this order:
- Start with each spouse’s take-home pay: monthly income after taxes, mandatory retirement contributions, and health insurance.
- If you have children, child support is set first. That amount comes out of the paying spouse’s income and is added to the other spouse’s.
- Take 40% of the higher earner’s take-home pay and subtract 50% of the lower earner’s. The result is the usual starting point for monthly support.
For example, say one spouse takes home $8,000 a month, and the other takes home $3,000, and they have no children. Take 40% of $8,000, which is $3,200, and subtract 50% of $3,000, which is $1,500. Temporary support comes to about $1,700 a month.
How Long-Term Support Is Decided
Long-term support is set when the divorce ends, and there’s no formula for it. Instead, the judge looks at your whole situation rather than reusing the temporary support number. That affects your budget at two points:
- At the end of the case: because the method is different, the final amount may be more than temporary support, less, or nothing at all. A spouse who goes back to work during the divorce, for example, may receive less once the case ends.
- After the case: long-term support isn’t locked in forever. If something important changes, such as a job loss, a large raise, or retirement, either spouse can ask the court to change the amount.
The Factors That Decide Long-Term Spousal Support
Cal. Fam. Code § 4320 lists the factors a judge must consider before setting long-term spousal support. The judge doesn’t weigh them equally, and three areas tend to drive the result.
Earning Capacity and Standard of Living
The judge looks at what each spouse is able to earn, not just what they earn today, and compares that with the lifestyle you shared during the marriage. A spouse who left nursing for 12 years to raise children, for example, may need time and training before earning what they used to.
Length of the Marriage
How long you were married affects how long support lasts. Under Cal. Fam. Code § 4336, a marriage of 10 years or more counts as a long marriage, so support may have no set end date. In shorter marriages, support usually lasts about half as long as the marriage, counted from the wedding to the date you separated.
The Goal of Becoming Self-Supporting
The judge also expects the spouse receiving support to work toward supporting themselves within a reasonable time.
Other factors, such as domestic violence, each spouse’s age and health, and their debts, count too. That’s why two couples with similar paychecks can end up with very different orders.
Because these factors call for judgment rather than math, how you present your case can change the outcome. Ms. Squires works toward a fair settlement first and goes to court when an agreement isn’t fair. Talking with a California spousal support attorney before you sign a support agreement can help you avoid locking in a number you’ll regret.
How the 2026 Tax Change Affects Spousal Support
Starting January 1, 2026, California changed how it taxes spousal support. The change comes from Senate Bill 711, and which rules apply depends on when your agreement was signed:
- Signed on or after January 1, 2026: the paying spouse can’t deduct support on a California tax return, and the receiving spouse doesn’t pay California tax on it.
- Signed before 2026: the old rules still apply. The paying spouse can deduct support, and the receiving spouse pays California tax on it.
The California Franchise Tax Board explains the change in more detail. If you update an older agreement, the new rules apply only if the updated agreement says they do. Speak with a California spousal support attorney before you sign.
Filling Out Your Income and Expense Declaration
Each spouse fills out a court form called the Income and Expense Declaration (FL-150). On it, you list how much money you make and how much you spend each month. The judge uses this form to decide both temporary and long-term support.
If you leave out a bonus or list a bill that’s too high, your support amount could be wrong for years.
Ms. Squires can review your form before you file it with the court, so mistakes can be caught early.
Frequently Asked Questions
Does Spousal Support End if My Ex Remarries or Moves In With Someone?
If the spouse receiving support remarries, support ends automatically, unless you both agreed in writing that it would continue. Moving in with a partner works differently. The paying spouse can ask the court to lower or end support, since California law assumes the receiving spouse now needs less. The receiving spouse can then try to show otherwise.
What if My Spouse Earns Less to Lower Spousal Support?
The judge can base support on what your spouse could earn instead. This is called imputing income, and it applies if your spouse quits, cuts their hours, or turns down work. It usually doesn’t apply after a layoff, as long as they’re looking for a new job.
How Soon Can Temporary Spousal Support Start?
You can ask as soon as you file your divorce petition and a Request for Order (FL-300). Judges can often make temporary support retroactive to the date that request was filed, so the weeks before your hearing aren’t lost.
What Should I Bring to My First Consultation?
Bring your last two tax returns, your most recent pay stubs, and any court papers you have received. If you earn bonuses or commissions, bring records of those too. A rough monthly budget for your household also helps Ms. Squires estimate support more quickly.
Law Office of Stephanie J. Squires: Your Family Law Firm
Whether you’ll pay spousal support or receive it, it helps to know where you stand early. Before your first hearing, contact the Law Office of Stephanie J. Squires for a free consultation. Ms. Squires will look at your income and expenses and explain what support could look like in your case.
