California Courts have jurisdiction to order spousal support in marriages, regardless of their duration.  

The duration of spousal support is difficult to predict and depends upon the circumstances of each case. In marriages that are less than 10 years in duration, the duration that a party may receive spousal support is generally for a period not to exceed one half of the length of the marriage. For marriages that are long term marriages, in excess of 10 years, the duration that a party generally receives spousal support varies greatly and the court has broad discretion. In all events, unless the parties agree otherwise, spousal support will terminate on the death of the person paying support or the remarriage of the recipient of support. 

Spousal support orders made after December 31, 2018, are no longer tax deductible by the paying party or taxable income to the recipient. 

Unlike child support, spousal support is not based upon a formula. When ordering spousal support orders, the court must consider the following factors:

1. the earning capacity of each party;

2. the extent to which the supported party contributed to the attainment of an education, training, a career position, or a license by the supporting party;

3. the ability of the supporting party to pay spousal support;

4. the needs of each party based on the standard of living established during the marriage;

5. the obligations and assets, including the separate property, of each party.

6. the duration of the marriage.

7. the ability of the supported party to engage in gainful employment;

8. the age and health of the parties.

9. documented evidence of any history of domestic violence;

10. any other factors the court determines are just and equitable.

Previously issued spousal support orders are potentially subject to modification if the parties’ circumstances change.

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