Top 5 Factors That Determine Spousal Support in California

1. The Standard of Living During Marriage

California Family Code § 4320 requires courts to consider the standard of living established during the marriage. The goal is to allow both parties to maintain a lifestyle reasonably comparable to the marital standard, considering the circumstances. This does not mean identical lifestyles. It means neither party should suffer a drastic drop while the other enjoys a windfall.

The standard of living is measured by the marital income, not by the parties’ wishes. If the couple lived on $150,000 per year, the court uses that figure as a baseline. If the couple lived on $40,000 per year, the baseline is lower. The court looks at actual expenses during the marriage, including housing, travel, entertainment, and savings.

For military families, the standard of living includes BAH, BAS, special pays, and allowances. A couple accustomed to base housing with no mortgage payment has a different standard than a couple renting in Los Angeles. The court evaluates the total compensation package, not just base pay.

2. The Earning Capacity of Each Party

Earning capacity is not the same as actual earnings. Under California Family Code § 4320, the court considers the supported party’s ability to maintain the standard of living based on their marketable skills, job market, and the time and expense required to acquire education or training.

A spouse who has been out of the workforce for ten years may have low actual earnings but higher earning capacity if they can retrain and reenter the job market. The court may order support for a period that allows the supported spouse to become self supporting. This is called a Gavron warning, which tells the supported spouse they are expected to become self sufficient within a reasonable time.

Conversely, a spouse who voluntarily works part time when they could work full time may have their earning capacity imputed. The court can calculate support based on what the spouse could earn, not what they choose to earn. This prevents supported spouses from deliberately underemploying themselves to maximize support.

3. The Duration of the Marriage

California law distinguishes between short term and long term marriages. A marriage of less than ten years is generally considered short term. A marriage of ten years or more is long term. This distinction affects the duration of support.

For short term marriages, support typically lasts half the length of the marriage. A six year marriage might result in three years of support. For long term marriages, the court may not set a termination date. The supported spouse may receive support until they remarry, die, or the court orders a termination based on changed circumstances.

The ten year rule is not absolute. Courts consider the circumstances of each case. A nine year marriage with significant disparity in earning capacity may result in longer support than a ten year marriage where both parties have similar incomes. But the duration of the marriage is always a starting point.

4. The Age and Health of Both Parties

Age and health affect earning capacity and need. A supported spouse who is 55 years old and has health issues may have limited ability to reenter the workforce. The court may order longer or higher support to account for these limitations. A supported spouse who is 30 years old and healthy is expected to become self supporting more quickly.

Health issues must be documented. The court does not accept vague claims of inability to work. Medical records, doctor testimony, and vocational evaluations establish the extent of health limitations. If the health issue is temporary, the court may order support for a limited rehabilitation period.

For military retirees, health includes VA disability ratings and service connected conditions. A retiree with a high VA disability rating may have reduced earning capacity, which the court considers when setting support. But the VA disability is also income for support purposes under California Family Code § 4058, creating a complex analysis.

5. Contributions to the Other Party’s Career

California Family Code § 4320 requires courts to consider the extent to which the supported party contributed to the supporting party’s education, training, career position, or professional license. A spouse who worked to put the other through medical school, law school, or military training made a tangible investment in the supporting party’s earning capacity.

The court recognizes this contribution by awarding support that allows the supported spouse to share in the fruits of that investment. The doctor who became a doctor because their spouse worked two jobs owes a debt that spousal support repays. The repayment is not indefinite, but it acknowledges the sacrifice.

We see this issue frequently with military couples. A spouse who followed the service member through multiple PCS moves, gave up their own career, and managed the household while the service member advanced in rank made a significant contribution. The court considers this when setting support at divorce.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney client relationship. Results vary based on specific circumstances, and past performance does not guarantee future outcomes.

Sources:

• Cornell Law School Legal Information Institute
• California Legislative Information