Spousal Support Temporary Pendente Lite Calculator 2027
Calculate temporary spousal support (pendente lite) 2027 during divorce proceedings — formulas vary by state. CA uses (38% paying – 50% receiving) standard.
Pendente Lite vs Permanent
Pendente lite (Latin 'pending litigation') = temporary support during divorce proceedings. Permanent support set at final decree. Pendente lite formulas faster, less factor-weighted than permanent calculation.
State Formula Variations
CA Santa Clara: (38-40% × payer) - (50% × receiver). NY: 30%-20%. TX: capped 20% of payer × max 60 months. AZ: 25% of difference. FL: no formula, judicial discretion. Most other states: judge sets case-by-case.
TCJA Tax Change (2019+)
Pre-2019 divorce: alimony deductible to payer, taxable to receiver. Post-2018 divorce: NOT deductible/taxable. Big shift — payers lose tax benefit, push for lower amounts.
Duration of Permanent Support
Short marriage (<10yr): typically 1/3 to 1/2 of marriage length. Long marriage (10-20yr): typically until receiver remarries or 1/2 marriage. Very long (20+yr): indefinite, ends only on remarriage/death.
Source: ABA Family Law Section 2026 surveys, divorcenet.com state formulas. Last updated: May 2026.
Frequently Asked Questions
Does spousal support continue after remarriage?
Almost always terminates upon receiver's remarriage. Cohabitation may also terminate (depends on state). Court order specifies.
Can support be modified?
Yes if substantial change in circumstances: job loss, illness, retirement, receiver's income jumps. Both parties can petition. Some states cap modifications.
Lump sum buyout possible?
Yes. Present value of stream of payments. Receiver gets guaranteed cash. Payer eliminates risk. Often discounted 15-25% for both sides' certainty. Negotiate at divorce.