Can a higher-earning spouse be ordered to pay spousal support in California?

Yes. Under California Family Code § 4320, courts weigh 14 factors including each spouse's income and the marital standard of living. A spouse's profession or fame does not bar support. If one spouse shows need and the other has ability to pay, support may be ordered.

Does asking the court to terminate a spouse's support usually work?

Not automatically. A California judge must apply all 14 factors under Family Code § 4320 and make findings on the record. The court may deny support only if the spouse has sufficient earning capacity to maintain the marital standard of living, not simply because the other party requested it.

How long does spousal support last in a marriage under 10 years in California?

For marriages under 10 years, California Family Code § 4336 treats the union as short-term, and support generally lasts about half the marriage length. A roughly seven-year marriage would typically produce support for approximately three to four years, though courts retain discretion.

Why does the separation date matter in a California divorce?

The date of separation cuts off community property accumulation under California Family Code § 760. Earnings after that date, listed as July 8, 2026, in this case, are generally separate property. This date can shift the division of significant assets and income.

Can one spouse be ordered to pay the other's attorney's fees in California?

Yes. Under California Family Code § 2030, a court can order the higher-earning spouse to pay the other's legal fees to ensure equal access to representation. The decision is based on the relative financial circumstances and need of each party.

Abby Elliott Divorce: Bill Kennedy Seeks Spousal Support Under CA Law

'The Bear' star Abby Elliott filed for divorce from producer Bill Kennedy on July 17, 2026, in California, listing July 8 as their separation date and requesting joint custody of their two children while asking the court to award her spousal support and terminate Kennedy's. Kennedy's counter-request for support now makes support the central contested issue under California Family Code § 4320.

Key Facts

Detail	Information
What happened	Abby Elliott filed for divorce; Bill Kennedy filed a response seeking spousal support
When	Filed July 17, 2026; separation date listed as July 8, 2026
Where	California (community property state)
Who's affected	Abby Elliott, Bill Kennedy, and their two children (Edith, 5; William, 3)
Key statute	Cal. Fam. Code § 4320 (spousal support factors)
Impact	Support becomes contested; court weighs 14 statutory factors, not celebrity status

According to TMZ, Elliott cited irreconcilable differences, sought joint legal and physical custody, requested spousal support for herself, asked the court to terminate Kennedy's right to receive support, and demanded he contribute to her attorney's fees. Kennedy's response reportedly reverses that ask by seeking support for himself.

Why this matters legally

When both spouses request spousal support and each asks the court to deny the other, the case becomes contested and the judge must apply California's statutory framework rather than either party's preference. Under Cal. Fam. Code § 4320, a California court cannot simply terminate one spouse's support rights on request — it must evaluate 14 mandatory factors, including each spouse's earning capacity, the marital standard of living, and the duration of the marriage.

This matters because a request to "terminate" the other spouse's support does not automatically succeed. California does not have a rule that a higher-earning spouse never pays a lower-earning spouse based on fame or profession. The court examines actual income and need. Elliott and Kennedy were reportedly married roughly seven years, which California treats as a marriage of less than 10 years — meaning support, if awarded, generally runs for about half the marriage length rather than indefinitely under Cal. Fam. Code § 4336.

Contested requests also drive up cost. A litigated support dispute can add tens of thousands of dollars in fees, which is precisely why Elliott's filing requests that Kennedy pay her attorney's fees under a need-and-ability analysis. Learn more about how spousal support works before assuming either party will prevail.

How California law handles this

California is one of nine community property states, meaning property and debt acquired during marriage are generally divided equally (50/50) under Cal. Fam. Code § 760. Spousal support, however, is separate from property division and follows its own analysis.

California courts distinguish two support phases. Temporary (pendente lite) support is calculated during the case, often using a county guideline formula similar to child support. Permanent (post-judgment) support is determined at trial using the 14 factors in Cal. Fam. Code § 4320 — no formula applies. The court weighs the supported spouse's marketable skills, the time needed to acquire education or training, and whether the supported spouse's earning capacity was impaired by periods devoted to domestic duties.

The request to terminate a spouse's support is governed by the same statute. A court may decline to award support to a spouse who has sufficient earning capacity to maintain the marital standard of living, but it must make that finding on the record. Because the marriage lasted under 10 years, Cal. Fam. Code § 4336 presumes the court does not retain indefinite jurisdiction, so any support award would likely be time-limited.

On custody, California applies the best-interest standard under Cal. Fam. Code § 3011. Joint legal and physical custody — what Elliott requested — is common when both parents are fit and involved. Attorney's fees are addressed under Cal. Fam. Code § 2030, which lets a court order one spouse to pay the other's fees to ensure both have equal access to legal representation based on relative financial circumstances.

Readers estimating their own exposure can use our alimony estimator for California or the California child support calculator to model likely ranges.

Practical takeaways

Document your separation date precisely. Elliott listed July 8, 2026, nine days before filing. Under California law, the date of separation cuts off the accumulation of community property, so earnings after that date are generally separate property. This single date can shift the division of hundreds of thousands of dollars.
Understand that requesting to terminate support does not guarantee it. A California judge must apply all 14 factors in Cal. Fam. Code § 4320. If a lower-earning spouse can show need and the other has ability to pay, support may be ordered regardless of the request.
Recognize the 10-year threshold. Marriages under 10 years are presumptively "short-term," limiting support duration to roughly half the marriage length. Marriages of 10 years or more may leave the court's support jurisdiction open indefinitely.
Expect fee-shifting in contested cases. When one spouse controls more income, Cal. Fam. Code § 2030 allows the court to order that spouse to fund the other's legal fees. Budget for this possibility early. Our divorce cost estimator for California can help you plan.
If circumstances change after a support order, you can seek modification. Job loss, a raise, or remarriage can all justify revisiting an award. Read about spousal support modification to understand the standard.
Build a plan before you file. A personalized divorce roadmap helps you sequence custody, support, and property decisions in the right order.

If you are facing a contested support or custody dispute in California, the specific facts of your income, marriage length, and separation date will drive the outcome far more than any celebrity headline. Speaking with a qualified California family law attorney early can protect your position — you can find a divorce attorney serving your county through our directory.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.