California Alimony Calculator (2026)

California has no statewide formula for spousal support, but nearly every county uses a local guideline for temporary support while the divorce is pending. Enter both spouses' net incomes to see the guideline figure and how long-term support differs.

Figures reviewed September 29, 20264 primary sources

Estimated monthly temporary support

$1,300per month

Paid by the higher earner to the lower earner.

Per year: $15,600

How we got there

40% of the higher earner's net income	$2,800
50% of the lower earner's net income	- $1,500
Guideline temporary support	$1,300

This is the temporary support formula used while a case is pending. Post-judgment support is decided on the section 4320 factors.
For a marriage under 10 years, support usually lasts about half the length of the marriage, here roughly 4 years.
When child support is also ordered, courts compute child support first and the temporary spousal support formula runs on the incomes after that transfer.

Standing assumptions

Temporary support formula adopted by the Santa Clara County Superior Court and used by most California counties.
Net income means income after taxes, mandatory retirement and health premiums, consistent with Family Code section 4059.

Estimate only. Not legal advice.

Key 2026 numbers for California

Temporary formula: 40% minus 50%; 40% of the higher earner's net income minus 50% of the lower earner's, in most counties.
Long-term support: Section 4320 factors; No formula after judgment; the court weighs need, ability to pay, the marital standard of living and 12 other factors.
Marriage under 10 years: About half the length; A common yardstick for how long support continues.
Marriage of 10+ years: Indefinite jurisdiction; The court keeps power to order support, though the amount is expected to step down over time.

Temporary support while the case is pending

Family Code section 3600 lets the court order spousal support during the divorce to keep the household stable. Most superior courts adopt a local guideline formula for this stage. The Santa Clara formula, also used in Alameda and many other counties, takes 40% of the higher earner's net monthly income and subtracts 50% of the lower earner's net monthly income. A handful of counties use 35% and 40% instead. Judges treat the guideline as a starting point and can adjust it.

When child support is also at issue, the child support calculation runs first and the temporary spousal support formula uses the incomes after that transfer, which is why certified software produces both numbers together.

Long-term support after judgment

Post-judgment support, sometimes called permanent support, cannot be set by formula. Family Code section 4320 requires the court to weigh the supported spouse's marketable skills and the job market, contributions to the other spouse's career, the paying spouse's ability to pay, the needs of each party based on the marital standard of living, the length of the marriage, each party's age and health, documented domestic violence, tax consequences, the balance of hardships, and the goal that the supported spouse become self-supporting within a reasonable time.

Courts commonly issue a Gavron warning telling the supported spouse to make reasonable efforts to become self-supporting. Failing to do so can be a reason to reduce support later.

How long support lasts

For marriages shorter than 10 years, section 4320(l) treats half the length of the marriage as a reasonable period for the supported spouse to become self-supporting, so support often ends around that point. For marriages of 10 years or longer, section 4336 presumes a marriage of long duration and the court keeps jurisdiction indefinitely, though that does not mean support lasts forever. Support ends on the death of either party or the remarriage of the supported spouse unless the parties agreed otherwise, and cohabitation with a nonmarital partner creates a presumption of reduced need under section 4323.

Net income for the formula

Net income means gross income less state and federal income taxes, FICA, mandatory retirement contributions, health insurance premiums, and union dues, consistent with the child support definitions in sections 4058 and 4059. Bonuses, overtime and commissions count when they are regular; many orders address irregular income with a percentage-based formula for future bonuses.

Tax treatment

For divorces finalized after December 31, 2018, federal law no longer allows the payer to deduct spousal support and does not tax the recipient. California did not conform: for state income tax, spousal support remains deductible by the payer and taxable to the recipient. Courts factor this mismatch into the amount.

Worked example

The higher earner nets $7,000 per month and the lower earner nets $3,000.
40% of $7,000 is $2,800; 50% of $3,000 is $1,500.
$2,800 minus $1,500 leaves $1,300 per month of guideline temporary support.

Temporary spousal support of about $1,300 per month, subject to adjustment by the court and to any child support order.

California alimony questions

Is the 40/50 formula the law in California?

No. It is a local court guideline used for temporary orders only. Long-term support after judgment must be based on the section 4320 factors, and a court that applied the formula to a final order would be reversed on appeal.

How long does spousal support last after a 10-year marriage?

There is no fixed end date. The court keeps jurisdiction indefinitely, but support is expected to decline as the supported spouse becomes self-supporting, and it ends on remarriage or death.

Can spousal support be waived?

Yes, in a premarital agreement or in the divorce settlement, as long as the waiver is knowing and not unconscionable at the time of enforcement. Courts scrutinize waivers where one spouse lacked independent counsel.

Does the lower earner's new partner reduce support?

Cohabitation with a nonmarital partner creates a rebuttable presumption of decreased need under section 4323, which can justify reducing or ending support.

Sources

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