Spousal support, sometimes referred to as alimony, can be a significant right or obligation in the event of a divorce. Because spousal support can have long-term financial implications, California law requires that both parties to a prenuptial agreement understand how spousal support works and make informed decisions about how it will be addressed in their agreement.
Under California law, a lower-earning spouse may be entitled to receive spousal support from the higher-earning spouse upon divorce. Support is most commonly paid on a monthly basis, unless the parties agree to a different arrangement. In many cases, the duration of spousal support is limited to one-half the length of the marriage. If a marriage lasts ten years or more, however, spousal support may continue indefinitely unless the court orders otherwise. Spousal support typically terminates upon the remarriage of the supported spouse and may be modified if either party experiences a significant change in financial circumstances.
When determining the amount of spousal support, California courts consider a number of factors set forth in Family Code section 4320, including: among other things, the income and earning capacity of each spouse, the standard of living during the marriage, the age and health of the parties, each party’s needs and obligations, and the tax consequences of support. There is no fixed formula for long-term spousal support, and outcomes can vary widely depending on the specific facts of the case and the discretion of the judge involved.
You may encounter online spousal support calculators that provide rough estimates of potential support obligations or entitlements. While these tools can be helpful for general context, they should not be relied upon as definitive or predictive of what would occur in an actual divorce.
A prenuptial agreement allows couples to decide in advance how spousal support will be handled. This may include waiving spousal support entirely, placing limits on the amount or duration of support, or choosing not to alter spousal support rights and instead leaving the issue to be governed by California law. The approach you choose should reflect your circumstances, priorities, and comfort level with risk and uncertainty.
