What Qualifies a Spouse for Alimony?
3699 Wilshire Blvd. Ste 700, Los Angeles, CA 90010 Mon-Fri 9am-6pm +1-213-387-4508
Spousal support in California is not guaranteed. Judges assess eligibility based on factors like need, earning ability, marriage duration, and lifestyle—each evaluated under state law. Understanding how these factors apply to your specific case can help set realistic expectations and inform your strategy during the divorce process.
California Family Code §4320 outlines specific elements courts must evaluate, including:
Each party’s earning capacity and whether they can maintain the standard of living established during the marriage
The duration of the marriage
The age and health of each spouse
Any documented history of domestic violence
Contributions one spouse made to the education or career advancement of the other
In short, one spouse must demonstrate financial need, and the other must have the ability to pay. Judges weigh these factors carefully to ensure fairness after divorce.
Temporary support is often awarded early in the divorce to help the lower-earning spouse cover essential living expenses. It remains in place until a final agreement or court order is reached.
Rehabilitative alimony helps a spouse become self-sufficient by supporting them while they complete education, training, or job development. It’s typically time-limited and tailored to individual goals.
Permanent alimony may be granted in long-term marriages (generally 10+ years) or where one spouse is unlikely to become financially independent due to age or health. It provides stability and recognizes contributions made during the marriage, such as homemaking or supporting the other spouse’s career.
Because California is a no-fault divorce state, infidelity generally does not disqualify someone from receiving alimony. However, in rare cases involving financial misconduct—such as using community funds to support an affair—the court may adjust the economic outcome.
Under California law, spousal support automatically ends if the supported spouse remarries. The obligation terminates regardless of prior agreements unless explicitly stated otherwise in the divorce judgment.
If the supported spouse begins living with a new partner, the court may reduce or terminate alimony if it’s determined that the recipient’s financial need has decreased. Cohabitation doesn’t guarantee termination but it raises a rebuttable presumption under California law.
California’s alimony rules differ from those in other states, especially in how judges assess domestic violence claims or interpret “long-term” marriages. For instance, a spouse convicted of domestic abuse may be barred from receiving support under California statutes. Every detail matters—from vocational evaluations to how income is imputed—so it’s critical to work with an attorney familiar with Los Angeles County courts and state-specific practices.
A skilled family law attorney will start by analyzing your financial disclosures, marriage history, and support goals. They will also guide you through documentation, such as income statements, expense reports, and lifestyle declarations—elements that can significantly influence how a judge evaluates your need and your spouse’s capacity to pay.
There’s no minimum requirement, but marriages over 10 years are considered long-term and may result in longer support durations.
Yes, especially in long marriages or when one spouse supported the other’s career at the expense of their own earning potential.
Possibly. Courts may reduce or terminate support if cohabitation lowers your financial need.
Understanding whether you qualify for spousal support—and for how long—requires careful legal and financial evaluation. Alimony cases are highly fact-specific and shaped by California law, court discretion, and evolving circumstances, such as remarriage or changes in employment.
