When Is Spousal Support Denied in California?
Let’s begin with a fact too few people know: spousal support in California isn’t guaranteed. Judges weigh dozens of factors in every case when setting long-term spousal support. Sometimes support is denied outright, other times support is limited because the spouse requesting support either doesn’t need it or the payor simply can’t afford it.
At Foster Hsu, LLP, we help clients understand when courts grant or deny spousal support whether you’re the one requesting support or the potential payor.
California Doesn’t Presume Long-Term Support Automatically
California courts start with the Family Code §4320 factors, which guide the amount and duration of long-term support. But that doesn’t mean support is a given. If the spouse seeking support can reasonably become self‑supporting within a short time and the other spouse lacks the ability to pay support may be denied or awarded for a brief period of time.
Below is an overview of possible scenarios in which California courts may typically deny or limit long-term spousal support.
- Your Marriage Was Short-Term
For marriages under 10 years, courts often limit long-term support to half the length of the marriage (e.g., a 4‑year marriage is maximum two years of support). If the supported spouse can realistically become financially independent or self-supporting in that window of time, courts may deny extended or ongoing support.
- You’re Already Financially Self‑Supporting
If you have steady income, significant assets, or a new job lined up and your lifestyle doesn’t rely on your ex, you’ll need to prove your ongoing need. Judges won’t order support if they conclude you can sustain your standard of living without it.
- Your Ex Can’t Afford It
Spousal support doesn’t come without limits. If paying support would cause undue financial hardship for the payor or exceed their disposable income, courts may deny or reduce the amount of support.
- You Signed a Valid Spousal Waiver
California allows prenuptial agreements that limit or waive spousal support, butonly if they’re not unconscionable, signed knowingly and voluntarily, and (critically) each party had independent legal counsel at signing. If that’s the case, courts may enforce the waiver, even if support would otherwise be granted.
- You Settle on an Agreement and Ask the Court to Sign It
If you and your ex sign a settlement spelling out a waiver of support or limited support based on a dollar amount or time period and ask a judge to ratify that agreement, the court will usually honor.
How Do Courts Decide?
Judges look at a list of considerations (or factors) when deciding on long-term spousal support:
- How long the marriage lasted
- How old each spouse is
- The earning capacity and extent of education or training needed
- The marital standard of living
- The contribution of each spouse to the household or career
- Health, childcare responsibilities, and other economic burdens
- Assets, debts, and the reasonable amount necessary for self-support
- Any and all relevant financial considerations.
If you aren’t sure whether you will be granted or denied spousal support, you might want to consult with a San Jose spousal support attorney.
Speak with a Spousal Support Attorney Today
Yes, long-term spousal support exists, but judges weigh factors carefully. If you’re seeking or objecting to long-term support, the Family Code 4320 factors are the basis for how your case will be decided
Contact Foster Hsu, LLP today for a case review. We’ll help you understand your position and decide whether support is a realistic outcome or an avoidable strategy. Let’s talk today. Call us at 408-841-7200 to get started.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4320.&lawCode=FAM
