How to Get Spousal Support in California

Filing for Spousal Support in California

Spousal support, or alimony, is payments made from one spouse to the other after a divorce or domestic violence restraining order takes place. Here’s how to get spousal support in California.

To get spousal support, you can either draft an agreement with your spouse and submit it to the court, fill out and file the proper forms, then attend a court hearing. A judge will consider factors including career, earning capacity, length of the marriage, and domestic violence when determining alimony. Either a temporary or permanent spousal support order can be requested.

Contact an attorney from Her Lawyer for assistance requesting alimony in California.

Calculating Spousal Support

Local courts typically use a formula. Under California Family Code section 4320, judges consider the following factors when calculating alimony:

• length of the relationship
• the standard of living
• spousal ability to pay (including earnings + earning capacity)
• number of children
• age
• health
• properties and debts
• educational attainment
• domestic violence
• unemployment
• tax impact of alimony

Marketable skills, job market, time, and expense for a spouse to attain a career, and earning capacity are essential factors that the judge incorporates into his decision.

Related: How Spousal Support Is Calculated in California

Do-it-Yourself Steps to Drafting a Spousal Support Agreement

By creating a written agreement, former partners do not have to appear in court. However, the agreement will not become legally enforceable until approved by a judge. An attorney from Her Lawyer can provide support and document drafting for alimony agreements.

1. Inform your ex-partner about rights and responsibilities
2. Decide on the amount/duration of alimony
3. Create a Written Agreement
4. Signed the Written Agreement
5. Fill out an Earnings Assignment Order for Spousal or Partner Support (Form FL-435) if wage garnishment is the agreed method of payment
6. Submit Documents to the Court
7. File the agreement after the Judge signs
8. Send the signed Form FL-435 to the paying ex-spouse’s employer

Steps to Do-It-Yourself Spousal Support Order (Divorce or Separation Case Must Exist)

1. Fill out Request for Order – FL-300 (This is the basic court form used to request a court hearing)
2. Fill out Income and Expense Declaration – FL-150 (Attach 2 month’s pay stubs, a recent profit and loss statement for any rental property or if self-employed)
3. Fill out Spousal or Partner Support Declaration Attachment – FL-157 (Optional)
4. Have a lawyer review the forms
5. Make 2 copies of the forms
6. File the forms with the courthouse clerk
7. Receive the Court Date from the courthouse clerk
8. Have a process server serve the ex-spouse.
   1. If done by mail, send out 21 days before court date:
   2. If served in person, send out 16 days before the court date.
9. File Proof of Service:
   1. Via Mail: FL-335
   2. Via Personal Service: FL-330
10. Go to Hearing
11. Fill out Responsive Declaration to Request for Order – FL-320 (This form is used as a response to if you agree with the court’s decision)

Steps For Requesting a Temporary Spousal Support Order

1. Fill out Findings and Order After Hearing (Family Law — Custody and Support — Uniform Parentage) – FL-340 (This form states terms and references attachments)
2. Fill out Spousal, Partner, or Family Support Order Attachment (Family Law) – FL-343
3. Fill out Earnings Assignment Order for Spousal or Partner Support (Family Law) – FL-435 
4. Fill this form only if you request both child support and alimony: Income Withholding for Support – FL-195
5. Attach Additional Page — Attach to Judicial Council Form or Other Court Paper – MC-020

Related: Permanent vs. Temporary Spousal Support in California

Steps for Receiving Alimony as Part of a Judgement

1. Fill out Judgment (Family Law) – FL-180 (This is a cover sheet in which the terms of the judgment are attached)
2. Fill out Spousal, Partner, or Family Support Order Attachment (Family Law) – FL-343
3. Fill out Earnings Assignment Order for Spousal or Partner Support (Family Law) – FL-435 Do not use if you have child support and a spousal order)
4. Fill out Income Withholding for Support – FL-195 (Use this form if you’re requesting both child support and alimony)
5. Fill out Additional Page — Attach to Judicial Council Form or Other Court Paper – MC-020

FAQs About Getting Alimony in California

How long do you have to be married to get alimony in California?

If marriage is less than ten years, alimony would be provided if deemed necessary for half the marriage length.
Ex: Married for five years = alimony for 2.5 years.

What happens if my partner falls behind in alimony?

10% additional interest is added to the payments per year. If there is past alimony due, any amount paid over the original alimony will pay off the previous alimony. Your local child support agency can help you collect both child support and alimony.

Contact Us

If you or a loved one is seeking alimony, contact us. We’ll get you in touch with the most qualified attorney to make sure you receive the support payments you’re entitled to. Get your free consultation with one of our California Spousal Support Attorneys today!