When couples divorce or separate in California, one of the most important, and often contentious, issues is spousal support, also known as alimony. Courts award alimony to ensure that a lower-earning spouse can maintain a standard of living similar to that enjoyed during the marriage. However, alimony isn’t guaranteed, and there are several reasons a court may disqualify or deny support altogether.
If you’re facing a divorce or legal separation and are concerned about your rights or obligations regarding alimony, understanding when spousal support may be disqualified under California law can help you prepare and protect your financial future. In this article, we break down the primary reasons why alimony may be denied or reduced and why working with an experienced California family law attorney is crucial.
1. Short-Term Marriage
One of the most common reasons for alimony disqualification is the length of the marriage. Under California Family Code § 4320, the court considers the duration of the marriage when deciding on spousal support. Unless there are extraordinary circumstances, it’s unlikely the court will grant long-term alimony in a short-term marriage.
- Marriages under 10 years are often considered “short-term.”
- For short-term marriages, support may be either denied entirely or awarded for a limited time, typically no more than half the length of the marriage.
- Courts may find that a short-term marriage does not warrant long-term support if both spouses are capable of becoming self-sufficient.
2. Self-Sufficiency of the Supported Spouse
A primary goal of alimony is to help the supported spouse achieve financial independence. If the requesting spouse is already self-sufficient or has the capacity to earn a reasonable income, the courts may deny alimony.
California law requires the court to evaluate:
- The marketable skills of the supported party
- The job market for those skills
- The time and expense needed for education or training
- Whether the spouse already has a sufficient income or earning potential
3. Cohabitation with a New Partner
California courts may reduce or terminate spousal support if the supported party is cohabiting with a romantic partner. California Family Code § 4323 aims to prevent situations where a person receives alimony while effectively sharing household expenses and financial responsibilities with someone else.
Cohabitation doesn’t automatically end alimony, but it gives the paying spouse grounds to request a modification or termination. The supported spouse must show that, despite living with someone, they still need financial support.
4. Failure to Make a Good-Faith Effort to Become Self-Supporting
Spousal support is not meant to be permanent unless justified by circumstances such as age or disability. The court expects the supported spouse to take steps toward becoming financially independent.
In cases where the supported party is willfully unemployed or underemployed, courts may impute income based on their earning capacity. If the spouse receiving support fails to seek employment, pursue education, or otherwise work toward self-sufficiency, the paying spouse can petition the court to:
- Reduce the amount
- Set a termination date
- Or even terminate support early
5. Marital Misconduct Does Not Disqualify Alimony (But Exceptions Apply)
In general, California is a no-fault divorce state, which means marital misconduct like adultery does not affect alimony awards. However, there are exceptions where behavior may indirectly impact spousal support:
- Domestic Violence Convictions — If a spouse has a criminal conviction for domestic violence against their partner within 5 years before filing for divorce, the court may presume that no support should be awarded to the abusive spouse (Cal. Fam. Code § 4325).
- Breach of Fiduciary Duty — If one spouse conceals assets or engages in financial misconduct, the court may reduce or deny their support request.
6. Waiver of Spousal Support in a Prenuptial or Marital Agreement
A legally sound prenup or marital agreement can be one of the most effective ways to avoid alimony obligations. If the parties signed a prenuptial agreement (prenup) or marital settlement agreement that includes a valid waiver of spousal support, alimony can be disqualified.
Courts generally uphold spousal support waivers as long as they were entered into voluntarily, with full disclosure and independent legal advice. However, if the agreement is deemed unconscionable (extremely unfair), a judge may still award support despite the waiver.
7. Significant Change in Circumstances
After an alimony order has been issued, a material change in circumstances may justify termination or modification of support. In such cases, either party can petition the court to reassess or end the spousal support order based on the new realities.
Examples of significant changes in circumstances may include the following:
- Loss of employment or substantial income reduction by the paying spouse
- Retirement
- Major health issues
- The supported spouse’s increase in income or remarriage
Don’t Face the Uncertainty of Spousal Support Alone — Turn to The Gorski Firm
Understanding the reasons for alimony disqualification under California law is crucial, especially if your financial well-being is at stake. Whether you’re concerned about paying spousal support or hoping to receive it, the outcome can have long-term consequences on your life. That’s why it’s essential to have a skilled and knowledgeable legal team by your side.
At The Gorski Firm, we bring years of focused experience in California family law, including spousal support negotiations and litigation. We understand how emotional and financially complex these issues can be—and we’re here to guide you through every step with clarity and confidence. Our team is committed to protecting your rights, advocating for your best interests, and helping you achieve the most favorable outcome possible.
Contact us today to schedule your confidential consultation. Let us help you move forward with strength, clarity, and trusted legal counsel.
