What You Need to Know About the 10-Year Rule in a California Divorce
The 10-year rule is one of the most commonly misunderstood divorce laws in California. Here’s what you need to know about the 10-year rule in a California divorce.
The common misconception about the 10-year rule is that if a couple who has been married for more than 10 years gets a divorce, alimony, or spousal support, is required to be paid indefinitely. However, this interpretation of the law, which is found in California Family Code Section 4336, is inaccurate.
What is Significant About 10 Years?
In California, any marriage that is 10 years or longer is considered a marriage of “long duration.” These marriages can also be referred to as long-term marriages.
Some things differ between marriages of long duration (long-term) and marriages that are not of long duration (short-term). For example, the courts retain jurisdiction over divorces from long-term marriages. This means that if the courts make any orders regarding alimony, child support or spousal support and the couple’s circumstances change, the same judge will oversee the new proceedings. This does not apply to short-term marriages.
In divorces from long-term marriages, the couple may also be eligible for more alimony. In short-term marriages, once the time frame for alimony is over, the alimony ceases. Contrarily, if circumstances change for long-term marriage divorcees, the couple may be able to return to the court and request more alimony. This is not guaranteed or indefinite, as the 10-year rule misconception could imply.
How is the Length of Alimony Determined?
Alimony is granted with the purpose of one spouse providing support to the other, helping them care for themselves in a reasonable amount of time. In marriages that are not of long duration, alimony often has a time frame (usually half the length of the marriage). For marriages of long duration, which the courts retain jurisdiction over, the courts make decisions on a case-by-case basis, and can alter their decisions as the couple’s circumstances change.
Therefore, the 10-year rule misconception, which suggests that a couple who has been married for more than 10 years has to pay alimony indefinitely, is incorrect. While California law does explicitly mention “10 years” in defining what time period constitutes a marriage of “long duration,” the law only gives the courts jurisdiction over marriages of long duration, and nowhere does it make alimony payments indefinite.
Related: How Long Does Alimony Last in California?
FAQs About the 10-Year Rule in a California Divorce
Are alimony and spousal support the same thing?
Yes. Alimony is an older term than spousal support, but both refer to a system of support payments paid by one spouse to another after separation with the intention of helping them care for themselves in a reasonable amount of time.
Related: Difference Between Alimony and Spousal Support in CA
My husband and I have been legally married for 10 years, but were separated at some point during those years. Do we still technically have a 10-year marriage?
The date of marriage to the date of separation is used as a preliminary manner in determining if a marriage is one of long duration. The courts may consider long periods of separation when evaluating a couple’s marriage history. Thus, the court may consider your marriage not to be one of long duration and may choose not to retain jurisdiction.
Do the courts decide alimony differently between long-term and short-term marriages?
No. There is no difference in the way that alimony is determined between marriages that are and aren’t of long duration. In both cases, the courts consider the same factors, such as the individual spouses’ ability to support themselves and their financial independence.
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If you or a loved one have any more questions about the 10-year rule in a California divorce, contact us for your free consultation. We can get you in touch with the right Spousal Support Attorney for your unique legal situation.