Spousal Support in Texas vs. California, Part 2: How California Calculates Alimony and What the 10-Year Rule Means

In a California divorce, “How much spousal support?” and “For how long?” have very different answers depending on the stage of the case and the length of the marriage. In the second video of our three-part series, partner R. Benjamin Vojtik walks through how California sets temporary support, how judges decide long-term support, and what the often-misunderstood 10-year rule actually does. This is the baseline couples need to understand before they compare it with Texas, where the rules are far narrower.

Spousal Support in Texas vs. California: a three-part series with partner R. Benjamin Vojtik
▸ Part 1: How Moving States Can Change Your Alimony
▸ Part 2: How California Calculates Alimony and What the 10-Year Rule Means (You are here)
▸ Part 3: How Texas Spousal Maintenance Works and How it Differs From California Alimony

Key takeaways

California spousal support has two stages: temporary support while the case is pending, often set by a county guideline formula, and long-term support at judgment, set by weighing the factors in Family Code §4320.
The marital standard of living is a central factor, alongside the goal that the supported spouse becomes self-supporting.
A marriage of 10 years or more is presumed to be “of long duration.” The court can then keep jurisdiction over support indefinitely, but that is not automatic lifetime support. • The 10 years are measured from the date of marriage to the date of separation, not to the divorce.

How is spousal support calculated in California?

In two different ways, depending on timing. Temporary support during the case is often calculated with a county guideline formula or software. Long-term support at judgment has no formula: the judge weighs the factors listed in California Family Code §4320.

Ben uses an example many families will recognize: a couple builds their life in California, one spouse steps back from a career to raise children and support the other’s professional growth, and they later move to Texas. If they divorce under Texas law, “the expectations formed under California’s framework may no longer hold.” Understanding California’s rules shows why.

How is temporary spousal support calculated during a California divorce?

Usually with a guideline formula. Ben describes a widely used approach: about 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income. Judges keep discretion, but the guideline is a practical starting point.

“The aim is to maintain the financial status quo while the case proceeds.” — R. Benjamin Vojtik

Temporary support is authorized by Cal. Fam. Code §3600. Formulas vary by county and are set by local rule or practice. When children are involved, child support under the statewide guideline (§4055) is generally calculated first, and temporary spousal support is figured from what remains. In very high-income cases, courts may look more closely at actual needs and the marital standard of living rather than a formula. For more on the two stages, see our post on temporary and permanent spousal support.

How do California judges decide long-term spousal support?

By weighing the factors in Family Code §4320. There is no formula, and the temporary-support guideline is not supposed to carry over into the final judgment (In re Marriage of Burlini (1983) 143 Cal.App.3d 65).

“At the final judgment, long-term support is determined differently. There is no simple formula.” — R. Benjamin Vojtik

The §4320 factors Ben highlights include:

Whether each spouse’s earning capacity can maintain the marital standard of living, considering marketable skills, the job market, and the time and cost of education or retraining.
Whether the supported spouse’s earning capacity was impaired by time out of the workforce for domestic duties.
Contributions one spouse made to the other’s education, training, career, or license.
The supporting spouse’s ability to pay, which the statute says includes earning capacity, earned and unearned income, assets, and standard of living.
Each spouse’s needs based on the marital standard of living, plus each spouse’s assets and obligations, including separate property.
The length of the marriage, the age and health of the parties, any documented history of domestic violence, tax consequences, the balance of hardships, and the goal that the supported spouse becomes self-supporting within a reasonable time.

Business owners and high earners

Because §4320 looks at earning capacity and at both earned and unearned income, cash flow from a business, investment income, and assets can all matter, not just W-2 wages. Determining what a business owner actually earns often takes careful analysis. See how support is calculated for business owners and the role of forensic accountants in high-asset divorce. The court must also make findings about the marital standard of living (Cal. Fam. Code §4332), which carries extra weight when the standard was high.

What is the 10-year rule for spousal support in California?

A marriage of 10 years or more is presumed to be a “marriage of long duration.” In that case, the court keeps jurisdiction over spousal support indefinitely unless the spouses agree otherwise in writing or a court order ends support (Cal. Fam. Code §4336).

“This does not mean automatic lifetime support. It means the court keeps authority to order, modify or terminate support based on the facts in the section 4320 factors.” — R. Benjamin Vojtik

For marriages shorter than 10 years, §4320(l) says a “reasonable period” for the supported spouse to become self-supporting is generally one-half the length of the marriage, though the court can order more or less based on the other factors. For long marriages, that half-the-marriage guideline does not apply, and the court keeps the power to revisit support later.

When does the 10-year clock stop?

At the date of separation, not the date the divorce is filed or finalized. Section 4336 measures from the date of marriage to the date of separation. The court can consider periods of separation during the marriage and can find that a marriage shorter than 10 years is of long duration. In a marriage near the 10-year mark, the date of separation can significantly affect support and is often contested.

When does California spousal support end?

Typically when either spouse dies or the supported spouse remarries, unless the spouses agreed otherwise in writing (Cal. Fam. Code §4337). Living with a new partner can also reduce or end support, and the court can modify or terminate support when circumstances change.

Under §4323, cohabiting with a nonmarital partner creates a rebuttable presumption that the supported spouse needs less support. Ben sums up the balance:

“California places real weight on the marital standard of living while still emphasizing eventual self-sufficiency.” — R. Benjamin Vojtik

Spouses can also shape support by agreement. A spousal support provision in a California premarital agreement is unenforceable if the spouse it is enforced against did not have independent counsel when signing, or if it is unconscionable when enforcement is sought (Cal. Fam. Code §1612(c)). See why prenuptial agreements may be unenforceable.

How long must I live in California to file for divorce there?

At least one spouse generally must have lived in California for six months and in the county of filing for three months before filing (Cal. Fam. Code §2320). That timing matters when a couple is moving to or from Texas, as covered in Part 1.

Frequently asked questions

Does a 10-year marriage mean lifetime alimony in California?

No. It means the court presumptively keeps jurisdiction over support indefinitely. Whether support is ordered, and for how much and how long, still depends on the §4320 factors and can be modified.

Is the temporary support formula used for the final judgment?

No. Temporary guideline formulas are a starting point while the case is pending. Long-term support at judgment is decided by weighing the §4320 factors.

Can spouses agree to end the court’s jurisdiction over support after a long marriage?

Yes. Section 4336 allows the parties to agree in writing to terminate jurisdiction, even in a marriage of long duration.

Does income from my business count for California spousal support?

It can. The court considers the supporting spouse’s earning capacity, earned and unearned income, and assets, so business cash flow and investment income may be relevant.

Does living with a new partner affect California spousal support?

It can. Cohabitation with a nonmarital partner creates a rebuttable presumption of decreased need, which can lead to a reduction or termination.

Talk with a California and Texas family law team

If you are facing a California divorce after a long marriage, have significant income or business interests at stake, or are weighing a move to or from Texas, Hartley Law Group can help you understand how these rules may apply to you. Contact our Ventura spousal support attorneys or Ventura high net worth divorce attorneys at 833-647-2377, our Arlington spousal support attorneys at 817-859-4375, or request a consultation.

Next in this series: Part 3: How Texas Spousal Maintenance Works and How It Differs From California Alimony (Coming Soon)

About the author –
R. Benjamin Vojtik is a partner at Hartley Law Group and is licensed to practice law in California and Texas. He handles family law matters, including divorce, support, and prenuptial agreements, and leads the firm’s estate planning, trust, and probate work from its offices in Ventura, California, and Arlington, Texas. He earned his J.D. from the Colleges of Law, Ventura Campus, in 2017. He was admitted to the State Bar of California in 2018 and to the State Bar of Texas in 2024. He is a member of the Ventura County Bar Association and the American Bar Association. Read Ben’s full bio.

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