Alimony, or spousal support in Orange County, California, is determined by a couple during mediation or by the judge presiding over your case. California’s goal is to maintain the marital standard of living. Determining if a spouse should receive support through just the divorce process or beyond can be complicated. With the help of an attorney, you can better understand what qualifies a spouse for support temporarily or long-term.
Why Executive Divorces Are Prevalent in California
The latest California statistics from 2023 indicate that 2,727,563 men and 3,896,519 women were divorced in California. In a state where the cost of living is 50% higher than the national average, many of these residents experienced a high-income divorce. In Orange County specifically, the median home sale price in 2025 was between $1.2 and $1.4 million.
Orange County residents tend to have higher incomes and more financial assets. When requesting alimony or spousal support in Orange County, be sure to report accurate data on your income, education level, and training over the course of your marriage. If you’ve stayed at home and taken care of children during the marriage, that’s okay. Create a skills resume you can use to help get the support you need in a divorce.
How Judges Calculate Alimony in High-Income Divorces
Nationwide, only 10% of divorce settlements in the U.S. include alimony or spousal support. California is a community property state, which includes equal division of property and assets in a divorce. Spousal support cases vary. Many spouses delay a career to raise children, or do not have equally high incomes.
Alimony laws in California are governed by the California Family Code (4320). Spouses may be awarded temporary or permanent support through divorce mediation proceedings or by a judge in the California Court of Family Law. In Orange County, the Family Law Court is located at the Lamoreaux Justice Center at 341 The City Drive South, Orange, California.
The judge uses a variety of standard formulas to determine support. A commonly used formula takes 40% of a high-income earner’s net, minus 50% of a lower earner’s net. Protect your interests with an experienced spousal support lawyer. Find a lawyer with legal experience, negotiation skills, and the drive to support you during a divorce.
The judge evaluates based on the California Family Code (4320) using the following factors:
- Length of marriage. Determines either temporary or permanent support
- Need and ability to pay. Each spouse’s financial needs
- Earning capacity. Based on job skills, education, or training
- Age and health of both spouses. Plays a role in future earning potential
- Domestic violence history. Impact spousal support
Hire a Spousal Support Lawyer
An attorney can help throughout the divorce process in a variety of ways. They can be particularly beneficial in a high net worth divorce in which spousal support could be awarded at a high level. However, whether you are looking to receive spousal support or could have to pay spousal support, your attorney will work in your favor to ensure the process is fair, just, and that your rights are protected.
Choose Dorie A. Rogers, APC, if you’re looking for an Orange County spousal support attorney to represent and protect your interests in a divorce. The spousal support lawyers at Dorie A. Rogers, APC, are here to help. When you hire a spousal support lawyer at Dorie A. Rogers, APC, you get the value of our combined 40 years of experience in California Family Law to help you get the support you need.
FAQs
Is There a Formula to Calculate Alimony in California?
There is more than one formula that can be used to calculate alimony in California. One commonly used formula takes 40% of a high-income earner’s net, minus 50% of a lower earner’s net. A second formula called the 1/3 rule can also be used. The 1/3 rule takes both spouses’ incomes and divides them by 3, then subtracts the lower income from the total amount. Your attorney can help you understand how the calculations could impact you.
What Is the 1/3 Rule for Alimony Support?
The 1/3 Rule for calculating alimony support in California takes both spouses’ incomes and divides them by 3. The formula subtracts the lower income from that amount. If the amount is greater than zero, then that is the amount of alimony that should be paid. The goal of using a formula is to ensure both spouses’ incomes are considered, resulting in a fair amount for support. Your attorney can evaluate your circumstances to guide you in the right direction.
What Factors Determine Spousal Support in Orange County, California?
The factors used to determine spousal support amounts in Orange County vary. If a divorce proceeds to court, then it is up to the discretion of the judge to determine alimony. A judge uses the length of marriage, the standard of living during the marriage, each spouse’s financial needs and ability to pay, the earning capacity, as well as marketable job skills, and the age and health of both spouses as determining factors.
What Disqualifies You From Receiving Alimony in California?
A spouse is disqualified from receiving alimony in California when a marriage lasts less than 10 years, each spouse is self-supporting, or if either spouse remarries or dies. A legal prenuptial agreement can also disqualify a spouse from receiving alimony, as can a history or conviction of domestic violence. An attorney will review the details of your situation to determine if you are at risk of being disqualified from alimony.
California Executive Divorce Lawyer
High-income divorces require significant legal experience and negotiation skills to either come to a mediation agreement on spousal support or help you fight for spousal support through the court. We can help ensure settlements are calculated fairly while allowing you to move on with your life post-divorce.
With our knowledge and experience on your side, you have the confidence to take the next step. Contact an executive divorce lawyer at Dorie A. Rogers, APC to schedule an initial consultation.
