California Spousal Support: § 4320 Factors & 10-Year Rule

California has temporary support during a case and long-term support at judgment. Long-term support is set by the Fam. Code § 4320 factors, not a formula. Under § 4336, a marriage of 10+ years is presumed 'of long duration' so the court retains jurisdiction indefinitely — but that's not an automatic right to lifetime support.

This is general information, not legal advice. Talk to a California attorney about how these rules apply to your situation.

California spousal support comes in two phases, and the 10-year mark is widely misunderstood.

Temporary vs. long-term support

Temporary (or pendente lite) support is paid while the case is pending, to keep both households afloat. Long-term support — sometimes loosely called “permanent” support — is ordered at judgment and is meant to be set by weighing statutory factors, not a quick formula.

The § 4320 factors

Long-term support is decided under Fam. Code § 4320, a list of about 14 factors. They include each spouse’s earning capacity, the marital standard of living, the length of the marriage, contributions to the other’s career, age and health, documented domestic violence, and ability to pay — all aimed at the goal of self-support within a reasonable period. For marriages under 10 years, that reasonable period is generally about half the length of the marriage.

The 10-year rule, explained

Under Fam. Code § 4336, a marriage of 10 or more years (from marriage to separation) is presumed to be “of long duration,” and the court retains jurisdiction indefinitely. A common misconception is that 10 years means automatic lifetime support — it doesn’t. The 10-year mark governs retained jurisdiction (the power to revisit support later), not a guaranteed right to lifetime payments.

How it connects

Spousal support is decided in the same case as your divorce and property division.

To get matched with a local California spousal-support attorney, connect with a lawyer.

Frequently asked questions

What's the difference between temporary and long-term spousal support?

Temporary (pendente lite) support is paid while the case is pending. Long-term, sometimes called 'permanent,' support is ordered at judgment and is set by weighing the Fam. Code § 4320 factors rather than a simple formula.

What does a court consider for long-term support?

Around 14 factors under Fam. Code § 4320, including each spouse's earning capacity, the marital standard of living, the length of the marriage, contributions to the other's career, age and health, documented domestic violence, and ability to pay — with a goal of self-support within a reasonable period.

Does a 10-year marriage mean lifetime support?

No. Under Fam. Code § 4336, a marriage of 10 or more years is presumed 'of long duration,' so the court keeps jurisdiction indefinitely. That governs retained jurisdiction, not an automatic right to lifetime payments.

Related guides

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California Child Support: The Guideline Formula California sets child support with a statewide uniform guideline formula (Fam. Code § 4055) based on both parents' incomes and timeshare. A major reform (SB 343) became operative September 1, 2024, changing how income is allocated and the low-income adjustment. Use the official Judicial Council calculator and confirm the current statute.

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California Spousal Support: Factors & the 10-Year Rule