Marriages of Long Duration in California

If a couple does not have a predetermined alimony arrangement in a prenuptial agreement a future divorce can get ugly. Arguments over spousal support are some of the most hotly contested and litigated issues in California divorce cases.

One of the most important factors in determining spousal support is the length of the marriage that is dissolving. Most clients will have heard of the “Ten Year Rule” and believe that they just need to stick it out for a few more years to increase the alimony they are awarded in a divorce. In some cases, this can be true.

However, we have found that most clients do not fully understand the Ten Year Rule or how the length of a marriage really factors into the calculation of any spousal support they may receive. This discussion is assuming that divorcing spouses did not take advantage of a prenuptial or postnuptial agreement and the ability to circumvent the statutory rules concerning spousal support in California.

California courts have the authority to order one spouse to pay another spouse a set amount of money for a specified period of time that is “just and reasonable.” A general belief is that when a marriage lasts for less than 10 years a divorcing spouse will be entitled to spousal support for half of that length of time, and when a marriage lasts for 10 years or more a divorcing spouse will be entitled to support for life.

While this can be the case it is not necessarily the correct interpretation of the law. In fact, California has shown a retreat in recent years from the tendency to award lifetime alimony. The length of the marriage will dictate how a court can handle orders of spousal support.

In California, marriages will be defined as either being of long duration or not. Whether a marriage is classified as a marriage of long duration matters. Generally, marriages of 10 years or more will be presumed to be marriages of long duration. By default, those marriages lasting less than 10 years are not marriages of long duration.

For marriages that are not of long duration, the order for spousal support will terminate at the “end of the period in the order” and “shall not be excluded” unless the court explicitly retains jurisdiction in the order. (Spouses may also petition the court within 6 months of the date the order is set to expire to amend the order for cause.) So, once the terms of the order for spousal support have been satisfied the alimony ends. In this case, the court does not retain jurisdiction to extend or alter the support. A court, of course, can alter an order of spousal support while it is still active.

Marriages of long duration are a bit different. Unless otherwise stated in the order or prenuptial/postnuptial agreement, the court will retain indefinite jurisdiction over the proceeding for the dissolution of marriage. As a result, courts have the power to extend an order for spousal support indefinitely. So, yes, some divorcing spouses may be entitled to alimony for life if the court determines that there is a need for such support. However, the court also retains the power to terminate an order for spousal support when it determines that the support is no longer necessary.

The interesting thing is that marriages do not have to actually last for 10 years to be marriages of long duration. California Family Code Section 4336 specifically states that “nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.” This means that some divorcing spouses could get the benefit of indefinite court jurisdiction - and the potential for extended alimony - even if they were not married for 10 years.

Similarly, marriages lasting longer than 10 years can actually be determined to not qualify for designation as a marriage of long duration. The court has the discretion to, when presented with convincing evidence, specifically classify marriages as it sees fit. A petitioning spouse can ask the court to consider lengthy periods of separation during a marriage when making alimony calculations. If a court agrees, it can decline to retain jurisdiction over the order indefinitely. In those cases, orders for spousal support can be significantly shorter and will terminate on the date specified in the order.

Orders for spousal support are an important part of a dissolution of marriage. Many divorcing spouses rely on spousal support payments when they are fighting to get back on their feet after a separation. Other spouses eagerly await the day their obligation to pay their former spouse is over. Whether you are fighting for more or less spousal support, it is important to understand that the length of the marriage is an incredibly important factor in the calculation. Ten years is an important benchmark, but not one that the court must follow without question.

If you are an attorney practicing family law in California and have more questions, call Hossein Berenji today. Mr. Berenji is the owner and managing partner of Berenji & Associates, a Los Angeles divorce and family law firm. Mr. Berenji is a graduate of Loyola Law School and has over 15 years experience.