Filing for alimony, also called spousal support or spousal maintenance depending on the state, means asking a family court to order one spouse to make payments to the other. You can request it as part of a divorce petition, or through a separate motion once a case is already open.
Key Takeaway: You request alimony either in your divorce petition or by a separate motion filed with your family court, and you back the request with a sworn financial disclosure showing your income, expenses, assets, and debts. California and Florida both dropped fixed formulas for long-term support: California weighs the Family Code Section 4320 factors, and Florida, after its 2023 reform, weighs need, ability to pay, and marriage-length caps under Florida Statute 61.08. Other states use their own rules; confirm the process with your court before filing.
How Do You File for Alimony or Spousal Support?
Alimony is requested one of two ways, depending on where your case stands.
If your divorce case has not started yet, you generally request spousal support directly in your divorce petition, checking the box or section asking the court to address support along with property, custody, and other issues. If your case is already open, or you are asking for support to start right away while the case is pending, you file a separate motion, sometimes called a request for order, asking the judge to set an amount.
Either way, the request has to be served on your spouse, and most courts require you to file a financial disclosure form alongside it. That form gives the judge the numbers needed to weigh need against ability to pay, which is the starting point in every state. Our spousal support hub covers the topic county by county for California cases.
What Do You Need to Request Support (Income, Need, Ability to Pay)?
Every state asks essentially the same underlying question: does one spouse have a financial need, and does the other spouse have the ability to pay. To answer that, courts typically require:
- A sworn financial disclosure, listing monthly income, expenses, assets, and debts for both spouses
- Recent pay stubs, tax returns, or other income documentation
- The request itself, filed as part of the petition or as a separate motion, stating what type and amount of support you are asking for
The exact form names differ by state. California uses Form FL-300, Request for Order, paired with Form FL-150, Income and Expense Declaration. Florida uses a financial affidavit filed alongside the dissolution petition. In both states, and most others, the financial disclosure is what actually drives the number a judge lands on, not the request form itself.
Temporary vs. Long-Term Support Requests
Support requests generally fall into two categories, and the process and standard for each is different.
Temporary support covers the period while a divorce case is still working its way through court. A spouse with less income can ask for temporary support as soon as the case is filed, so they are not left without money to live on before a final judgment. Many courts use a guideline formula as a starting point for temporary support, though judges can adjust it based on the specific facts of a case.
Long-term support (sometimes called permanent, durational, or post-judgment support depending on the state) is decided at the end of the case, as part of the final judgment. There is generally no fixed formula for long-term support. Instead, a judge weighs a list of factors, such as the length of the marriage, each spouse's earning capacity, age, health, and the standard of living established during the marriage, to decide both the amount and how long support will last.
How Is This Different in California vs. Florida?
California and Florida both handle spousal support requests through the divorce case, but the underlying rules diverge in ways worth understanding before you file.
California. Temporary spousal support in most California courts starts with a guideline formula: roughly 40 percent of the higher earner's net monthly income minus 50 percent of the lower earner's net monthly income, used as a starting point rather than a fixed rule.
Long-term spousal support has no formula. A judge weighs the Family Code Section 4320 factors, including the marketable skills and earning capacity of each spouse, the ability of the supporting spouse to pay, the needs of each party based on the marital standard of living, the duration of the marriage, and each spouse's age and health.
For marriages under 10 years, courts generally start from an assumption that support lasts about half the length of the marriage; for marriages over 10 years, there is no fixed assumption about how long support should last.
You request support using Form FL-300, Request for Order, alongside Form FL-150, Income and Expense Declaration, which discloses the financial information the judge needs.
Florida. Florida overhauled its alimony law with Senate Bill 1416, effective July 1, 2023, which eliminated permanent alimony for new cases.
Under current Florida Statute 61.08, a court must first find that the requesting spouse has an actual need for support and that the other spouse has the ability to pay it, before considering the form and amount. Florida courts can award temporary, bridge-the-gap, rehabilitative, or durational alimony, based on factors including the length of the marriage, each spouse's age and health, income and earning capacity, and contributions to the marriage.
Durational alimony, the form that replaced permanent alimony for most longer marriages, is capped by marriage length: it cannot exceed 50 percent of the length of a short-term marriage (under 10 years), 60 percent of a moderate-term marriage (10 to 20 years), or 75 percent of a long-term marriage (20 years or more), and it is not available at all for marriages under 3 years.
There is no fixed dollar formula; the amount is factor-based, the same way the type and duration are decided.
Filing for Alimony in Other States
Every other state sets its own alimony rules, forms, and terminology, and some use formulas where California and Florida do not. Confirm the current process, forms, and standards for your state with your local family court or a licensed family law attorney before filing.
Common Mistakes to Avoid
- Filing a request for support without the financial disclosure form your court requires, which can delay or derail the request
- Assuming a state has a fixed formula for long-term support when most, including California and Florida, do not
- Treating Florida's pre-2023 permanent alimony rules as current law; permanent alimony is no longer available for new Florida cases
- Missing the deadline to serve your spouse with the request, which can push a hearing date back
- Assuming temporary support automatically continues at the same amount after judgment; long-term support is decided separately
Frequently Asked Questions
How do you file for alimony or spousal support?
You request it either inside your divorce petition or through a separate motion filed with the family court handling your case. Most courts also require a financial disclosure form listing your income, expenses, assets, and debts, since the amount and length of support both depend on that financial picture.
Can you file for alimony after the divorce is already final?
It depends on your state and what your final judgment says. Some states allow a later request for support, or a modification of an existing order, while others require support to be addressed before the judgment is entered. Confirm the deadline and process with your court or a family law attorney before assuming a later request is still available.
Do you need a lawyer to file for spousal support?
Not necessarily. The forms and process are designed for self-represented filers in many courts. A straightforward request, where both spouses largely agree on the numbers, is often manageable without an attorney. A contested request, or one involving significant income or property disputes, is a better fit for a licensed family law attorney.
How is alimony calculated in California?
Temporary support, while the case is pending, often uses a guideline formula many California courts apply: roughly 40 percent of the higher earner's net monthly income minus 50 percent of the lower earner's net monthly income. Long-term support after judgment uses no formula. Instead, a judge weighs the Family Code Section 4320 factors, including the length of the marriage, each spouse's earning capacity, age, health, and standard of living during the marriage.
How is alimony calculated in Florida?
Florida no longer has a formula either. Since its 2023 alimony reform, Florida Statute 61.08 has courts look at need and ability to pay first, then weigh factors like the length of the marriage and each spouse's income, age, and health. Awards are capped by marriage length: durational alimony cannot exceed 50 percent of a short-term marriage (under 10 years), 60 percent of a moderate-term marriage (10 to 20 years), or 75 percent of a long-term marriage (20 years or more).
What is the difference between temporary and long-term spousal support?
Temporary support covers the period while a divorce case is still open, so the lower-earning spouse has money to live on before a final judgment. Long-term (sometimes called permanent or durational) support is decided at the end of the case and can last months to years, depending on the state, the length of the marriage, and the factors a judge is required to weigh.
What documents do you need to request alimony?
At minimum, expect to complete a sworn financial disclosure form listing your income, monthly expenses, assets, and debts, plus recent pay stubs or income statements. If you are requesting support as part of an active case, you will also need the request form your court uses, filed with the court and served on your spouse.
How Virdix Helps
Requesting spousal support starts with getting the underlying paperwork right: the request itself and the financial disclosure that supports it. Virdix guides you through the questions behind Form FL-300 and Form FL-150 in California, keeps your answers consistent across your case, and prepares court-ready paperwork so nothing is left incomplete. Florida support is filed within the same uncontested dissolution paperwork Virdix prepares today.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed family law attorney in your state.
Sources: California Courts Self-Help Center (selfhelp.courts.ca.gov), California Family Code Section 4320 (leginfo.legislature.ca.gov), Florida Statute 61.08 (flsenate.gov), 2023 Florida Senate Bill 1416.