California · Alimony · Updated Oct 2026

Alimony in California

How spousal support works in a California divorce: when a court can order it, amount and length, how it relates to dividing property and how to ask for it.

The short answer

In California, alimony is called spousal or partner support. Temporary support during the case is often set with a local formula; long-term support is decided case by case using factors in Fam. Code 4320.

What California calls it
spousal or partner support
Property division
Community property
Law
Cal. Fam. Code 4320, 4336.

Alimony rules in California

  • Called spousal or partner support.
  • Temporary support during the case is often set with a local formula; long-term support is decided case by case using factors in Fam. Code 4320.
  • For marriages under 10 years, the goal is usually support for about half the length of the marriage; for marriages of 10+ years, the court may not set an end date.

Law: Cal. Fam. Code 4320, 4336.

Alimony and property in California

Alimony is decided separately from how property and debts are divided.

System
Community property
The rule
Property and debts from the marriage are community and are usually split equally. What you had before marriage, or got by gift or inheritance, is usually your separate property.

How to ask for alimony in California

  1. Ask for it in your divorce papers

    You ask for alimony in the divorce case itself, in your petition or in your response to your spouse's petition. Use the court's official divorce forms: Divorce forms (California courts)

  2. Pay the fee or ask for a waiver

    $435-$450 to file a divorce petition; $870 for a joint petition (both spouses' fees). Can't afford it? Ask for a fee waiver with Request to Waive Court Fees (form FW-001): https://selfhelp.courts.ca.gov/fee-waiver.

  3. Agree, or let the judge decide

    If you and your spouse agree, put it in your written agreement; if not, the judge decides. If parents can't agree on custody or visitation, they must meet with a court child custody mediator (child custody recommending counseling in some counties) before a judge decides.

  4. Get it in the final decree

    Spousal support is ordered in the decree. Get a certified copy and keep it.

Questions about alimony in California

How does alimony work in California?

Called spousal or partner support. Temporary support during the case is often set with a local formula; long-term support is decided case by case using factors in Fam. Code 4320. For marriages under 10 years, the goal is usually support for about half the length of the marriage; for marriages of 10+ years, the court may not set an end date.

Is California a community property state?

Yes. Property and debts from the marriage are community and are usually split equally. What you had before marriage, or got by gift or inheritance, is usually your separate property.

More about divorce in California

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