Q: What exactly is spousal support, and how does it work in California?

A: Spousal support (also called alimony) is financial assistance paid by the higher earning spouse to the lower earning spouse during or after divorce. In California, there are two main types:

• Temporary support (paid during the divorce process) Temporary support follows county guidelines and is fairly straightforward to calculate.
• Permanent support (ordered after the divorce is final). When deciding permanent support, Judges consider numerous factors outlined in California Family Code Section 4320, including the length of your marriage, each spouse’s earning capacity, the marital standard of living, time spent out of the work force caring for children and contributions to the other spouse’s education or career.

At Primus Family Law Group, our team of California Certified Family Law Specialists has over 50 years combined experience navigating these calculations throughout San Diego County.

Q: How long will I have to pay (or receive) spousal support?

A: The duration depends largely on your marriage length.

• For marriages under 10 years, support typically lasts about half the length of the marriage—though this isn’t a hard rule.
• For marriages of 10 years or longer (considered “long-term marriages” in California), the court retains jurisdiction indefinitely, meaning there’s no automatic end date. However, support terminates when the receiving spouse remarries, either party dies, or the court determines the supported spouse should be self-supporting.

Q: Can spousal support be modified after the divorce is final?

A: Yes, in most cases. Either spouse can request a modification if there’s been a significant change in circumstances like job loss, serious illness, substantial income changes, or retirement. The court will review the same Family Code Section 4320 factors when considering modifications. However, you can’t modify support that was set by agreement if your agreement specifically states the support is “non-modifiable.”

Our team of California Certified Family Law Specialists provide zealous advocacy whether you’re seeking to establish support, modify support or defending against a modification request throughout San Diego County.

Q: Does infidelity or fault affect spousal support in California?

A: Generally, no. California is a no-fault divorce state, meaning you don’t need to prove wrongdoing to get divorced or to receive/pay spousal support. However, there’s one important exception: if one spouse’s domestic violence against the other is documented (with a conviction or court finding within five years), there’s a rebuttable presumption against awarding that abusive spouse support. Beyond domestic violence, judges can’t consider affairs or other marital misconduct when determining spousal support. The focus remains on financial need of one spouse and ability to pay by the other.

Q: Can we agree on spousal support terms ourselves, or does a judge decide?

A: You absolutely can and many couples do.  The judges encourage parties to agree to as many things as possible so that you have more control over the terms. You can agree to specific dollar amounts, duration, cost-of-living adjustments, life insurance requirements, or even creative alternatives like a larger property settlement instead of ongoing monthly payments or a buyout entirely of the obligation. Once you both sign and the court approves your agreement, it becomes a binding court order. That said, you need experienced legal guidance to ensure any agreement protects your interests and is done properly. The California Certified Family Law Specialists at Primus Family Law Group bring zealous advocacy to both negotiation and litigation in San Diego County.

Q: What happens if my ex stops paying court-ordered spousal support?

A: You have several enforcement options. You can file a motion to enforce, a motion for contempt,  or seek a wage assignment (automatic payroll deduction).  You can also request that the other party pay your legal fees and costs for having to file for enforcement.

The court can impose penalties including fines or even jail time for willful non-payment. California law also allows intercepting tax refunds, placing liens on property and bank accounts, suspending driver’s licenses and suspending professional licenses for support arrears. In addition, unpaid support accumulates interest at 10% annually on overdue amounts.

Our team of California Certified Family Law Specialists at Primus Family Law Group has over 50 years combined experience enforcing support orders and protecting your financial security throughout San Diego County. Contact us today at 619.574.8000 or www.primusfamilylaw.com to schedule a free 30-minute telephone or Zoom consultation.