If you’re going through a divorce, there are a few topics that can get contentious. One of those issues is regarding the calculation of spousal support in San Diego. This article provides answers to several frequently asked questions about spousal support in California, updated to reflect current 2025 law.
What is spousal support in San Diego?
Spousal Support, (also known as alimony) in California, is a payment from one spouse (“payor spouse”) to another (“payee spouse”) after they plan to divorce. A written agreement or court order requires the payor spouse to make payments to support the other spouse. This should be filed with the court before any payments are made by the spouse, so there can be no dispute that the money changing hands is spousal support
In California, there can be temporary spousal support or permanent spousal support, and we’ll talk about the difference below.
What is temporary spousal support?
Temporary spousal support is a regular payment made from the spouse who earns more money to the one who earns less. It’s referred to as “temporary” because it’s meant to provide some financial support to the lower-earning spouse during the divorce proceeding. It ends once a permanent spousal support award is in place.
You can calculate temporary spousal support using family law software programs that automatically generate a support figure based on specific factors. These factors include: the spouses’ incomes, health insurance deductions, and other earnings-related considerations. Note: As of March 2025, DissoMaster software will no longer be certified for California courts, and other approved software programs are being used instead. Family law attorneys and judges across the state use these software programs to calculate temporary support.
What is permanent spousal support?
Permanent spousal support, or “long-term support,” is a regular support payment from one spouse to another that differs from temporary spousal support. While temporary spousal support helps the supported spouse with expenses during the divorce, permanent spousal support is designed to help maintain a standard of living at or near the “marital standard of living” (the financial standard of living established during the marriage) after the divorce is final.
What factors do courts consider when determining permanent spousal support in California?
If you and your spouse can’t agree on permanent spousal support in California as part of your divorce negotiations, you’ll probably end up in court, where a judge will decide both the amount and duration of long-term support.
When looking at who should pay spousal support, and in what amount, courts consider the extent to which each spouse’s earning capacity (potential to earn income) is sufficient to maintain the marital standard of living, taking into account California Family Code Section 4320 factors including:
• The marketable skills of the supported spouse
• The job market for those skills
• The time and expense required for the supported spouse to acquire the appropriate education or training to develop those skills
• The possible need for retraining or education to acquire more marketable skills or employment
• The extent to which the supported spouse’s earning capacity is impaired by periods of unemployment incurred during the marriage to permit the supported spouse to devote time to domestic duties
• The extent to which the supported spouse contributed to the paying spouse’s attainment of an education, training, career, or license
• The paying spouse’s ability to pay spousal support (taking into account the paying spouse’s earning capacity, earned and unearned income, assets, and standard of living)
• Both spouses’ financial needs based on the marital standard of living
• Both spouses’ obligations (debts) and assets, including separate property
• The length of the marriage
• The supported spouse’s ability to work outside the home without excessively interfering with the interests of any dependent children in his or her custody
• The age and health of the spouses
• The criminal conviction of an abusive spouse (which may result in reduction or elimination of spousal support)
• Any other factors the court determines are just and equitable
How long does permanent spousal support last?
The term “permanent” spousal support is somewhat of a misnomer. Very few, support awards will continue permanently, although there can be situations where it does.
Generally, for short-term marriages (under ten years), permanent spousal support lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive spousal support for four years.
If your marriage was very short, permanent support may never become necessary. For example, if your marriage lasted only one year, you could expect to pay or receive spousal support for six months; but this obligation may be met through temporary support payments.
For marriages over ten years, there’s no hard-and-fast rule for figuring out how long spousal support should last. Judges will consider various factors and then place the supported spouse in a position as close as possible to the marital standard of living. That may last until that spouse can reasonably become self-supporting.
After the divorce is final, spousal support will continue as stated in your Marital Settlement Agreement (a written agreement between spouses that resolves divorce issues) and/or court order awarding spousal support, unless one spouse requests a modification or termination of support.
Can I modify or terminate spousal support?
Yes (usually). Either spouse may request a change or modification in the duration and/or amount of spousal support, if the original order (or marital settlement agreement) awarding spousal support doesn’t contain any language that makes spousal support non-modifiable.
There are two ways to modify spousal support. First, you and your spouse can agree to change the amount and/or duration of spousal support. You could do this on your own, or you could work with a mediator to determine the modification. If this happens, you should enter a written contract that spells out the new agreement. Afterward, you request that the judge turn the agreement into an official court order.
If you can’t agree in mediation, you’ll have to head to court. The person who wants to modify spousal support must file a motion with the court and show a “material change of circumstances” from the time the original support order was made. The involuntary loss of a job, for example, may constitute a material change of circumstances. If the payor spouse’s income has decreased through no fault of his or her own, a judge may find that it’s appropriate to reduce support.
Similarly, you may be able to completely terminate your obligation to pay spousal support in California, as long as you can show a change of circumstances that warrants termination. However, if your order – whether imposed by the court or arrived at by agreement between you and your spouse – was made “non-modifiable,” then you won’t be able to terminate it prior to the date it’s set to end.
Finally, a support obligation will automatically terminate upon the death of the supported spouse (unless it was agreed upon to continue) If the supported spouse dies before the spousal support obligation ends, the payor spouse no longer has to pay, and the supported spouse’s estate can’t enforce the spousal support order to its own benefit.
Is spousal support tax deductible in California?
This is where significant changes have occurred since 2014. The tax treatment of spousal support depends on when your divorce agreement was finalized:
For Divorce Agreements Finalized BEFORE January 1, 2019:
• Federal taxes: The payor spouse can deduct spousal support payments, and the payee spouse must report them as taxable income (the old system still applies)
• California state taxes: The payor spouse can deduct spousal support payments, and the payee spouse must report them as taxable income
For Divorce Agreements Finalized ON OR AFTER January 1, 2019:
• Federal taxes: Due to the Tax Cuts and Jobs Act (TCJA), the payor spouse can NO LONGER deduct spousal support payments, and the payee spouse does NOT report them as taxable income
• California state taxes: California did not adopt the federal changes. The payor spouse can still deduct spousal support payments, and the payee spouse must still report them as taxable income
Important Notes:
• If you were divorced before 2019 but modified your divorce agreement after January 1, 2019, the new federal tax rules may apply depending on the specific language of the modification
• This significant change in federal tax treatment affects the economics of spousal support negotiations and should be carefully considered in any divorce settlement
• You should consult with both a family law attorney and a tax professional to understand how these rules apply to your specific situation
Conclusion
Spousal support law in California remains complex, and the recent changes in federal tax treatment have added another layer of complexity to divorce negotiations. If you’re considering divorce or need to modify an existing spousal support order, it’s essential to work with experienced professionals who understand both the current legal landscape and the tax implications of different support arrangements.