How Long After A Divorce Can You Ask For Alimony In California? Post-Divorce Spousal Support Timelines

Can You Request Alimony After Your Divorce Is Final?

If you’re wondering how long after a divorce can you ask for alimony in California, the answer depends critically on what your divorce judgment says. The reality is stark: once your divorce is finalized in California, you generally cannot request spousal support for the first time unless the court specifically retained jurisdiction over this issue.

This isn’t just a technicality—it’s a binding legal principle that catches thousands of California divorcees off guard every year. Understanding the timeline for requesting alimony in California could mean the difference between financial security and struggling to make ends meet.

The Critical Window: Understanding California’s Spousal Support Jurisdiction

When the Door Closes on Alimony Requests

Under California Family Code Section 4337, the court’s ability to award spousal support ends once your divorce judgment is entered—unless the judgment or marital settlement agreement explicitly reserves the court’s jurisdiction to award support in the future.

Here’s what this means in practical terms:

If your divorce decree is silent on spousal support or explicitly terminates the court’s jurisdiction, you cannot go back and request alimony after the divorce is final. The window has permanently closed.

If your decree reserves jurisdiction, you can request spousal support even years after your divorce, subject to certain limitations we’ll discuss below.

This makes the language in your divorce documents absolutely critical. Many people sign agreements waiving their right to spousal support without fully understanding they’re giving up this protection forever.

How Long After a Divorce Can You Ask for Alimony in California? Understanding Post-Divorce Spousal Support Timelines

Types of Spousal Support in California: Timing Matters

Understanding how long after a divorce can you ask for alimony in California requires knowing the different types of support available:

Temporary Spousal Support

This support is awarded during divorce proceedings, before your marriage is officially dissolved. You can request temporary support as soon as you file for divorce or legal separation. It ends automatically when your divorce becomes final or when the court issues a permanent support order.

Permanent (Long-Term) Spousal Support

Despite its misleading name, “permanent” support doesn’t necessarily last forever. This is the support ordered in your final divorce judgment. The critical question is whether your judgment reserves the court’s jurisdiction to modify or award this support in the future.

Post-Divorce Modification Requests

Even if support was initially ordered, circumstances change. Job loss, disability, retirement, or remarriage can trigger modification requests. But remember: you can only modify existing support orders, not create new ones after judgment unless jurisdiction was reserved.

California Family Code § 4336: The “Marriage of Long Duration” Exception

One crucial exception to spousal support timelines involves marriages of long duration. Under California Family Code Section 4336, when a marriage lasted 10 years or longer (measured from marriage to separation), the court retains jurisdiction indefinitely unless the parties agree otherwise or the court sets a specific termination date.

What This Means for Long-Term Marriages

If you were married for 10 years or more:

The court presumptively retains jurisdiction over spousal support
You have greater flexibility to request support or modifications later
The court won’t automatically set an end date for support payments
Either spouse can request modification based on changed circumstances

This doesn’t guarantee lifetime support—it simply means the court maintains authority to address spousal support issues long after divorce.

For Marriages Under 10 Years

If your marriage lasted less than 10 years, courts typically limit spousal support to approximately half the length of the marriage. For example, a 6-year marriage might result in 3 years of support. However, this is a general guideline, not an absolute rule.

Reserved Jurisdiction: Your Safety Net for Future Support Requests

The concept of “reserved jurisdiction” is your lifeline for requesting alimony after divorce in California. Here’s how it works:

What Reserved Jurisdiction Means

When your divorce judgment includes language reserving jurisdiction over spousal support, the court maintains the legal authority to:

Award spousal support even if none was initially ordered
Modify existing support amounts
Extend or reduce the duration of support
Respond to changed circumstances

Common Reserved Jurisdiction Language

Your divorce decree might include phrases like:

“The court reserves jurisdiction to award spousal support”
“Spousal support is reserved for future determination”
“The court retains jurisdiction over the issue of spousal support”

Without this language, your ability to request support after divorce is effectively eliminated.

Can You Request Alimony Years After Divorce?

Yes—but only if jurisdiction was reserved. There’s no specific statute of limitations in California for requesting spousal support after divorce, provided your judgment kept that door open.

Real-World Scenarios

Scenario 1: Career Sacrifice Becomes Apparent Sarah waived spousal support during her divorce to expedite proceedings. Five years later, she realizes her career never recovered from taking a decade off to raise children. Can she request support now? Unfortunately, no—she waived her rights permanently.

Scenario 2: Reserved Jurisdiction Saves the Day Michael’s divorce decree reserved jurisdiction over spousal support, even though none was awarded initially. Three years later, after developing a disability, he successfully petitioned for support. The court had authority because jurisdiction was reserved.

Time Factors the Court Considers

When evaluating a late support request (even with reserved jurisdiction), courts examine:

Delay in requesting support: Why didn’t you request it earlier?
Changed circumstances: What’s different now from the divorce?
Self-sufficiency efforts: Have you attempted to become self-supporting?
Other party’s ability to pay: Can your ex-spouse afford to pay now?

Factors California Courts Consider for Post-Divorce Alimony

Under California Family Code Section 4320, courts evaluate numerous factors when determining spousal support, including:

Financial Considerations

Earning capacity: What can each spouse reasonably earn?
Standard of living during marriage: Courts aim to maintain comparable lifestyles
Assets and debts: What property did each party receive in the divorce?
Ability to pay: Can the supporting spouse actually afford payments?

Personal Circumstances

Age and health: Older spouses or those with health issues may need longer support
Domestic violence history: A documented history of abuse can extend support duration
Child custody: Caring for young children may limit earning capacity
Education and training needed: Time required to become self-supporting matters

Duration of Marriage

The length of your marriage significantly impacts both eligibility and duration of support. As mentioned, the 10-year mark is particularly significant under California Family Code Section 4336.

How to Protect Your Right to Request Alimony After Divorce

Before Your Divorce Is Final

1. Hire Experienced Legal Counsel Don’t navigate divorce without a skilled California family law attorney who understands spousal support nuances. The language in your settlement agreement will determine your financial future.

2. Ensure Jurisdiction Is Reserved Even if you don’t need support now, including reserved jurisdiction language protects your future options. Life circumstances change—job loss, illness, or economic downturns can make support necessary later.

3. Document Everything Keep detailed records of:

Your income and expenses
Career sacrifices made during marriage
Contributions to your spouse’s career or education
Health issues or disabilities
Childcare responsibilities

After Divorce With Reserved Jurisdiction

1. Act Promptly When Circumstances Change Don’t wait years to request support if your situation deteriorates. Courts look unfavorably on unexplained delays.

2. Gather Financial Documentation You’ll need to prove:

Your current income and expenses
Your efforts to become self-supporting
Why you need support now
Your ex-spouse’s ability to pay

3. File the Proper Motion You must file a Request for Order (Form FL-300) with supporting financial declarations. Consulting with a divorce attorney familiar with California alimony laws ensures you follow proper procedures.

Common Mistakes That Eliminate Post-Divorce Alimony Options

Mistake #1: Waiving Spousal Support Without Understanding Consequences

Many people waive spousal support during divorce negotiations to:

Expedite the divorce process
Avoid conflict with their ex-spouse
Secure other assets or concessions

This decision is permanent and irrevocable in California. You cannot later claim you didn’t understand what you were giving up.

Mistake #2: Failing to Reserve Jurisdiction

Some divorce judgments are silent on spousal support, neither awarding it nor explicitly reserving jurisdiction. This silence typically means the court has no authority to award support later—a devastating oversight.

Mistake #3: Using DIY Divorce Services for Complex Cases

Online divorce services may work for simple cases, but they’re dangerous when:

Your marriage lasted 10+ years
There’s a significant income disparity
One spouse sacrificed career advancement
Health or age issues may require future support

The money saved on legal fees is dwarfed by the financial support you might lose for decades.

Mistake #4: Accepting “Temporary” Career Setbacks as Permanent

Many people assume they’ll bounce back professionally after divorce. Reality proves otherwise. The gender pay gap, age discrimination, and career interruptions from childcare create lasting earning capacity gaps that justify spousal support.

Modified vs. Initial Spousal Support Requests: Key Differences

Modifying Existing Support Orders

If spousal support was initially awarded, either party can request modification based on changed circumstances (California Family Code Section 3651). Common grounds include:

Significant income changes for either party
Job loss or disability
Retirement
Remarriage or cohabitation of the supported spouse
Completion of education or training programs

Requesting Support After Divorce Without Initial Award

This is considerably more challenging. You must demonstrate:

The court retained jurisdiction to award support
Significant changes in circumstances since divorce
Genuine need for support
Your ex-spouse’s ability to pay
Good reasons for not requesting support earlier

Courts scrutinize late requests carefully, particularly when several years have passed since the divorce.

Special Circumstances: When You Might Get Support After Divorce

Disability or Serious Illness

If you develop a significant health condition after divorce that impairs your earning capacity, courts may award support even if none was initially ordered—provided jurisdiction was reserved.

Example: Jennifer reserved jurisdiction during her divorce but declined support initially. Four years later, she was diagnosed with multiple sclerosis that prevented her from working. Because jurisdiction was reserved, she successfully petitioned for spousal support.

Economic Downturn or Job Loss

Unexpected economic circumstances can justify post-divorce support requests. The 2008 recession and COVID-19 pandemic both saw increased spousal support modification requests.

Discovery of Hidden Assets or Income

If you discover after divorce that your spouse concealed significant assets or income, you might be able to reopen spousal support issues. This requires proving fraud or material misrepresentation.

Retirement of the Supporting Spouse

Retirement can trigger support modifications, but results vary. Courts examine whether retirement was:

At a reasonable age
Voluntary or mandatory
Made in good faith or to avoid support obligations

California’s Community Property Laws and Spousal Support

Understanding how California’s community property system interacts with spousal support timing is crucial:

Property Division vs. Spousal Support

California is a community property state, meaning assets and debts acquired during marriage are split 50/50. However, this equal division doesn’t consider:

Future earning capacity differences
Career sacrifices made during marriage
Educational or training needs
Age and health disparities

This is where spousal support fills the gap. Even if you received half the community property, you might still need support if your earning capacity suffered during the marriage.

Why Property Division Alone Isn’t Enough

Consider this scenario: A couple has $200,000 in assets. They split it evenly, each receiving $100,000. Sounds fair, right?

But what if one spouse earns $150,000 annually while the other, who left the workforce to raise children, can only earn $35,000? The property division addressed past accumulation, but spousal support addresses ongoing earning capacity disparity.

How Long Does Spousal Support Last in California?

For Short-Term Marriages (Under 10 Years)

Courts generally award support for approximately half the length of the marriage. A 4-year marriage might result in 2 years of support, though this guideline isn’t mandatory.

For Long-Term Marriages (10+ Years)

Under California Family Code Section 4336, courts retain jurisdiction indefinitely. Support might last until:

The supported spouse remarries or enters a domestic partnership
Either party dies
The court determines the supported spouse is self-supporting or should be
A specific termination date in the judgment arrives

Factors Extending or Reducing Duration

Courts consider:

Age and health: A 60-year-old with health issues might receive support until retirement age
Career prospects: Did the supported spouse sacrifice career advancement for the marriage?
Training needs: How long to become self-supporting through education or training?
Child custody: Does caring for children limit work opportunities?

Steps to Request Alimony After Divorce in California

Step 1: Review Your Divorce Judgment Carefully

Locate your divorce judgment and marital settlement agreement. Look for:

Any mention of spousal support or alimony
Language about reserving jurisdiction
Explicit waivers of spousal support rights
Time limitations on support requests

If the documents are unclear, consult with a California family law attorney who can interpret the legal language.

Step 2: Evaluate Your Case Strength

Ask yourself:

Was jurisdiction over spousal support reserved?
How long has it been since the divorce?
What changed circumstances justify support now?
Can you demonstrate genuine need?
Does your ex-spouse have the ability to pay?

Step 3: Gather Financial Documentation

You’ll need comprehensive financial records:

Your Financial Situation:

Recent pay stubs and tax returns
Bank statements
Monthly expense records
Credit card statements
Medical bills
Employment history since divorce

Your Ex-Spouse’s Financial Situation:

Information about their income (if available)
Property ownership records
Business interests
Investment accounts

Step 4: File the Appropriate Motion

You’ll typically file:

Request for Order (Form FL-300)
Income and Expense Declaration (Form FL-150)
Supporting declarations explaining changed circumstances
Financial documentation

The exact forms depend on whether you’re requesting initial support (with reserved jurisdiction) or modifying existing support.

Step 5: Serve Your Ex-Spouse

California law requires proper service of your motion. Your ex-spouse must receive notice and an opportunity to respond.

Step 6: Attend the Court Hearing

Be prepared to testify about:

Why you need support
What circumstances changed since the divorce
Your efforts to become self-supporting
How your marriage affected your earning capacity
Your ex-spouse’s ability to pay

Having legal representation significantly improves your chances of success.

Alternatives to Traditional Spousal Support After Divorce

Lump-Sum Support

Instead of monthly payments, some divorces include a one-time lump-sum payment. This option:

Provides immediate financial security
Eliminates ongoing enforcement issues
May offer tax advantages (consult a tax professional)
Ends the financial relationship between ex-spouses

Property Division in Lieu of Support

Sometimes the supported spouse receives a larger share of community property instead of ongoing spousal support. This approach:

Provides immediate assets
Avoids future modification disputes
May be preferable if the supporting spouse has irregular income
Requires careful calculation to ensure fairness

Structured Settlement Agreements

Post-divorce, you might negotiate a structured agreement even without court involvement if both parties agree. However, making it a court order ensures enforceability.

Tax Implications of California Spousal Support

Post-2018 Divorces

For divorces finalized after December 31, 2018, the Tax Cuts and Jobs Act eliminated the alimony tax deduction:

Paying spouses can no longer deduct spousal support payments
Receiving spouses don’t report spousal support as taxable income

This change significantly altered spousal support negotiations and amounts.

Pre-2019 Divorces

For divorces finalized before 2019, the old tax treatment continues unless the parties modify their agreement to adopt the new rules:

Paying spouses deduct spousal support payments
Receiving spouses include support as taxable income

Modification Considerations

If you’re considering modifying an older spousal support order, consult a tax professional first. The modification might trigger the new tax treatment, significantly affecting the after-tax value of support payments.

What If Your Ex-Spouse Refuses to Pay?

If you successfully obtain a spousal support order after divorce but your ex-spouse doesn’t pay, California provides several enforcement mechanisms:

Wage Garnishment

The court can order your ex-spouse’s employer to withhold support payments directly from their paycheck—one of the most effective enforcement methods.

Contempt of Court

Willfully failing to pay court-ordered support can result in:

Fines
Jail time
Attorney’s fees awards to the supported spouse
Additional penalties

Property Liens

Unpaid support creates a judgment lien against your ex-spouse’s property, including real estate and vehicles.

License Suspension

California can suspend various licenses for non-payment of support:

Driver’s licenses
Professional licenses
Business licenses
Recreational licenses

Seeking Help From Support Enforcement

The California Department of Child Support Services (DCSS) can assist with spousal support enforcement in some cases. Working with a family law order enforcement attorney ensures you have experienced advocacy.

Frequently Asked Questions

Can I Get Alimony If I Remarry?

Remarriage automatically terminates spousal support in California (Family Code Section 4337). You cannot receive spousal support from your former spouse after remarrying, and you generally cannot request it for the first time after remarriage.

What If My Ex-Spouse Moves Out of California?

Your California spousal support order remains enforceable even if your ex-spouse moves to another state. The Uniform Interstate Family Support Act (UIFS A) facilitates interstate enforcement.

How Does Cohabitation Affect Spousal Support?

Living with a new partner in a marriage-like relationship can reduce or terminate spousal support. California Family Code Section 4323 creates a rebuttable presumption that cohabitation reduces the supported spouse’s need for support.

Can I Request Alimony If I Was the Higher Earner During Marriage?

Spousal support isn’t based on who filed for divorce or who earned more during most of the marriage. If circumstances changed significantly post-divorce (like disability or job loss), the formerly higher-earning spouse might qualify for support.

What If I Didn’t Have a Lawyer During My Divorce?

Not having legal representation during your original divorce doesn’t automatically allow you to reopen spousal support issues. However, if you can prove fraud, duress, or that you didn’t understand what you were signing, you might be able to set aside the judgment.

When to Consult a California Spousal Support Attorney

Given the complexity and permanent consequences of spousal support decisions, consult an experienced attorney if:

You’re currently going through divorce and need to protect future support options
Your divorce judgment is unclear about spousal support jurisdiction
Significant circumstances changed since your divorce
You reserved jurisdiction but aren’t sure how to request support
Your ex-spouse isn’t paying court-ordered support
You’re considering waiving spousal support rights

Many family law attorneys offer consultations to evaluate your situation. Given that spousal support can total hundreds of thousands of dollars over time, legal fees are often a wise investment.

Protecting Your Financial Future: Key Takeaways

Understanding how long after a divorce can you ask for alimony in California comes down to three critical factors:

What Your Divorce Judgment Says: The language in your divorce documents determines whether you can request support after divorce. Without reserved jurisdiction, you’re out of luck.
Duration of Your Marriage: Marriages lasting 10+ years receive special treatment under California Family Code Section 4336, with courts retaining indefinite jurisdiction over spousal support.
Changed Circumstances: Even with reserved jurisdiction, you’ll need to demonstrate significant changes in circumstances to justify post-divorce support requests.

The consequences of mistakes in this area are severe and permanent. A waiver of spousal support or failure to reserve jurisdiction eliminates your options forever, regardless of future financial hardship.

Take Action: Protect Your Rights Today

If you’re facing divorce or want to explore post-divorce spousal support options, don’t navigate this complex area alone. The decisions you make—or fail to make—about spousal support can impact your financial security for decades.

Consult with a qualified California family law attorney who can:

Review your divorce documents for reserved jurisdiction language
Evaluate whether you qualify for post-divorce spousal support
File the proper motions and represent you in court
Negotiate modifications to existing support orders
Protect your rights throughout the process

Remember: California law doesn’t provide do-overs when it comes to spousal support. The time to act is now—whether you’re preparing for divorce, recently divorced, or facing changed circumstances years later.

For more guidance on California divorce issues, explore our resources on child custody considerations, property division questions, and alimony for stay-at-home parents.

Legal Disclaimer

This article provides general information about California spousal support law and should not be construed as legal advice. Spousal support law involves complex, fact-specific analysis that varies by case. The information presented here is current as of the publication date but may not reflect recent legislative changes or court decisions.

For advice about your specific situation, consult with a licensed California family law attorney who can evaluate your circumstances and provide personalized legal guidance. Each divorce case is unique, and past results do not guarantee future outcomes.

Legal Citations and References

This article references the following California statutes and legal authorities:

California Family Code Section 4320: Factors courts must consider when determining spousal support amount and duration
California Family Code Section 4336: Court jurisdiction over spousal support in marriages of long duration (10+ years)
California Family Code Section 4337: Termination of spousal support upon remarriage or death
California Family Code Section 4323: Rebuttable presumption regarding cohabitation and spousal support
California Family Code Section 3651: Modification of child and spousal support orders
Tax Cuts and Jobs Act of 2017: Changed federal tax treatment of alimony for divorces finalized after December 31, 2018
Uniform Interstate Family Support Act (UIFSA): Facilitates interstate enforcement of support orders

Article last updated: October 2025

About the Author

Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah