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Why are some spouses in California ordered to pay large amounts of alimony during or after their divorce case?

by | Mar 2, 2026 | Divorce

San Diego, CA – There were national news reports that a celebrity divorce in California will result in one of the spouses paying thousands per month in alimony during the proceedings [1]. Large alimony payments can happen when one or both spouses had significant income and other factors are met.

Celebrity couple will spend large amounts on alimony and legal fees

In a recent development in a high profile contentious divorce, a judge has ordered one party to provide temporary spousal support and contribute to the other’s legal fees. The ruling, issued in late February 2026 during proceedings in Los Angeles Superior Court, requires monthly payments of $5,000 in pendente lite spousal support, along with $30,000 (or $25,000 plus $5,000 for a forensic accountant in some reports) toward attorney fees related to the divorce case only—not any separate criminal matters.

The support amount breaks down to cover essentials: approximately $2,000 for rent, $1,000 for a car, $1,000 for food, and the remainder for miscellaneous expenses. Payments for the support are due on the 5th of each month, starting in March 2026, and will continue until further court order. The attorney fees portion is to be paid in installments, such as $10,000 at the end of March, April, and May.

The recipient claimed limited financial resources, stating possession of only about $200 at the time and indicating the ordered amount would provide significant relief while navigating challenges day by day. The payer, however, expressed inability to afford the obligations, noting struggles to cover personal legal costs and substantial expenses related to caring for a dependent child with special needs stemming from a rare chromosomal disorder. The payer’s legal team highlighted the extraordinary nature of these caregiving costs and argued against supporting someone accused of abuse, referencing a permanent restraining order granted earlier in the case.

The accused party has denied all allegations, including multiple felony charges unrelated to the divorce finances, and emphasized that no conviction has occurred. The judge clarified the temporary measures aim to maintain equitable conditions during proceedings, focusing on need and ability to pay rather than final fault or property divisions.

The couple, married for about seven years until their separation in mid-2025, have seen the dissolution process marked by significant disputes, including prior claims over income sources and financial disclosures. The payer has publicly reflected on the emotional difficulty of the separation, describing it as a painful period of clarity and release. Representatives for both sides have not issued immediate comments on the latest ruling.

This interim decision underscores the complexities of high-profile dissolutions involving allegations of domestic issues and differing financial positions, with further hearings anticipated as the case progresses.

When may a couple in California experience a similar ruling that results in large alimony payments?

 In California, couples may encounter a ruling similar to one requiring substantial temporary spousal support (also called pendente lite support) during divorce proceedings when there is a significant income disparity between the spouses. This type of order aims to preserve the marital standard of living and prevent financial hardship for the lower-earning spouse while the case is ongoing.

Temporary support can be requested as soon as a divorce or legal separation petition is filed. Courts prioritize the supported spouse’s demonstrated needs—such as rent, food, transportation, utilities, and other essentials—and the paying spouse’s ability to pay without undue hardship. Judges often rely on guideline formulas, commonly implemented through software like Dissomaster or Xspouse. A widely used approach calculates support as approximately 40% of the higher earner’s net monthly income minus 50% of the lower earner’s net monthly income, after adjustments for taxes, deductions, and sometimes child support or health insurance costs.

Large monthly payments, such as several thousand dollars, typically arise in scenarios with pronounced financial imbalance. For instance, if one spouse earns a high income (e.g., from entertainment, business, or professional work) while the other has minimal or no earnings—perhaps due to years focused on homemaking, child-rearing, or caregiving—the formula can yield substantial amounts. Additional expenses, like caring for a dependent child with special medical or developmental needs, may increase the supported spouse’s claimed needs, prompting the court to order higher support to cover those costs.

Courts exercise discretion to deviate from strict formulas based on case-specific circumstances, including the marital lifestyle, one spouse’s limited liquid assets or investments, and arguments about affordability. However, the core focus remains equitable maintenance during litigation, not fault-based considerations (though allegations like domestic issues may influence related orders, such as restraining orders, without directly dictating support amounts).

Such rulings are common in high-asset or high-income dissolutions where one party controls most earnings and the other faces immediate financial strain. Attorney fees contributions may also be ordered if one spouse demonstrates inability to afford legal representation. Ultimately, these interim measures promote fairness until a final judgment addresses permanent support under broader factors in Family Code Section 4320.

Smith Family Law Staff

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Sources:

  1. https://pagesix.com/2026/02/27/celebrity-news/denise-richards-ordered-to-pay-staggering-amount-to-ex-aaron-phypers-as-divorce-drags-on/