Spousal Support

Temporary support

Support while a case is pending is generally set using a local guideline formula driven by the parties' incomes. It is intended to maintain the status quo during proceedings, not to predict the final result.

Long-term support

Support ordered at judgment is not formula-driven. The court works through the statutory factors in Family Code section 4320 — earning capacity, the marital standard of living, contributions to the other party's education or career, duration of marriage, age and health, and others.

Duration

For marriages under ten years, support is often ordered for about half the length of the marriage, though that is a guideline rather than a rule. Longer marriages do not carry a presumptive termination date, which makes the record built at trial more important.

Earning capacity

A court may consider what a party is capable of earning rather than what they currently earn. Establishing or rebutting earning capacity usually requires a vocational evaluation.

Changing an order

Long-term support can generally be modified on a material change in circumstances unless the parties agreed otherwise in writing. Whether support was made non-modifiable is a question of how the judgment was drafted.