Spousal Support

Protecting Financial Stability During and After Divorce

What is Spousal Support Law in California?

In California, spousal support (also known as alimony) is a court-ordered payment from one spouse to the other, designed to help the lower-earning spouse maintain a standard of living comparable to that of the marriage.

Spousal support can be temporary—paid during the divorce process—or long-term, depending on the length of the marriage and other financial factors.

Whether you’re seeking support or being asked to pay, the process can feel uncertain and emotionally charged. At Fernandez Family Law, we guide clients throughout San Luis Obispo, Santa Maria, Paso Robles, and the Central Coast through every step with clarity, strategy, and protection.

How the Spousal Support Process Works

Here’s a simplified breakdown of how spousal support is handled in California:

✅ Step 1: Determine Type of Support

  • Temporary (pendente lite) support is calculated during the divorce process.
  • Permanent (long-term) support is evaluated after divorce, based on multiple legal factors.

✅ Step 2: Disclose Financial Information

Each party must submit a complete Income & Expense Declaration, listing:

  • Gross monthly income
  • Monthly expenses
  • Debts and obligations
  • Work history and earning capacity

✅ Step 3: Analyze Key Legal Factors

The court considers multiple elements under Family Code § 4320, including:

  • Length of the marriage
  • Earning capacity of each spouse
  • Contributions to the marriage (including raising children or supporting a spouse through school)
  • Age and health of each party
  • Standard of living during the marriage

✅ Step 4: Negotiate or Litigate

Whenever possible, we seek a mutually agreeable spousal support arrangement. When needed, we advocate aggressively in court to ensure fairness and protection.

✅ Step 5: Modify or Enforce Orders

If circumstances change (loss of job, remarriage, retirement), we help you pursue a modification. If support is unpaid, we move to enforce the order.

What to Expect Emotionally & Legally During a Spousal Support Case

Spousal support is one of the most emotionally sensitive issues in divorce. It often involves powerful emotions around money, fairness, and future independence.

You may be wondering:

  • Will I be able to support myself after divorce?
  • Am I going to be forced to pay too much for too long?
  • How does the court determine what’s fair?
  • What happens if I remarry or lose my job?

Here’s what you can expect from us:

  • Empathetic, judgment-free guidance no matter which side you’re on
  • Realistic expectations based on your situation and local court tendencies
  • Strategic planning to support your long-term financial goals
  • Clear communication at every step of the process

We’re not just here to get a court order—we’re here to help you move forward with confidence.

What Makes Fernandez Family Law Different

Spousal support orders can have long-term financial consequences. That’s why we take your case seriously—and personally.

Here’s why Central Coast clients trust Fernandez Family Law:

  • Deep Experience in Local Courts – We understand how judges in San Luis Obispo and Santa Barbara Counties evaluate support requests.
  • Holistic Case Strategy – We consider the full picture, including child support, property division, and your future financial stability.
  • Aggressive When Needed, Diplomatic When Possible – We fight hard for your rights while staying open to peaceful resolution when it benefits you.
  • Clear and Honest Advice – We’ll tell you what’s realistic, what’s not, and what the law says—so you can plan wisely.

Speak to a San Luis Obispo Divorce Attorney Today

If you’re going through divorce and facing questions about spousal support, you don’t have to navigate it alone. Whether you’re paying or receiving, the right legal guidance can make all the difference.

At Fernandez Family Law, we represent clients across San Luis Obispo, Santa Maria, and the entire Central Coast with strategic insight and genuine care.

📞 Call today to schedule a confidential consultation.
Let’s protect your financial future—together.

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Our Top-Tier Legal Minds

Every case is different, and the right legal guidance can help you move forward with confidence. Our team focuses on thoughtful planning, clear communication, and dedicated support through every step of the process.

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Frequently Asked Questions

Real Questions. Real Answers. Right Here.

Absolutely. If your ex is remarried, cohabiting, or your financial situation changed, we can file for modification or termination.

Yes. Our initial strategy sessions are transparent, strategic, and focused on outcomes—not billing surprises.

Yes, but enforcement depends on full disclosure, independent counsel, and fairness. Let us draft terms that hold up in court.

Yes, but it must be knowing, voluntary, and not unconscionable. Waivers are usually part of prenups or MSAs.

Possibly, but the court may impute income if they’re capable of working and choose not to. Each case is unique.

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Every divorce, custody case, and financial dispute comes down to strategy. At Fernandez Family Law, we offer, no-risk case evaluations so you can:

  • Get clear on your legal options.
  • Avoid costly mistakes.
  • Fight for the best possible outcome.
(805) 346-8536
(805) 346-8536