The length of alimony in California
California courts have the discretion to determine the length of spousal support. Here’s what you need to know about California Family Code Section 4330 and the duration of spousal support.
California Family Code Section 4330 states that courts may order spousal support for a period of time that is “just and reasonable”. In general, for marriages shorter than 10 years, the length of time considered to be “just and reasonable” is half of the length of the marriage. For marriages longer than 10 years, the court retains jurisdiction over the issue indefinitely and usually does not set an end date. Rather, the spousal support will continue unless both parties agree to end the support or there is a change in circumstances.
Related: Difference Between Alimony and Spousal Support in CA
California Family Code Section 4330: What does it mean?
Part A of California Family Code Section 4330 gives courts the authority to order spousal support for a period of time that is “just and reasonable”. This means that, based on the individual circumstances of the divorce case, judges can order spousal support for differing lengths of time.
Part B of Section 4330 simply states that courts may advise the recipient of spousal support to make reasonable attempts to support themselves, unless the court decides otherwise in the case of a long-term marriage.
Related: How to Calculate Spousal Support/Alimony in California
Short-term marriages
The primary factor that courts will use to determine the duration of spousal support is the length of the marriage. For marriages that last less than 10 years (also known as short-term marriages), spousal support will generally be ordered for half of the length of the marriage. For example, an 8 year-long marriage will generally result in an alimony order that lasts for 4 years. However, this standard is not uniform. California Family Code Section 4336 (Part L) explicitly states that courts have the discretion to order spousal support for lesser or greater lengths of time depending on the individual circumstances of the case.
Long-term marriages
For marriages lasting longer than 10 years (also known as long-term marriages), the court has indefinite jurisdiction over the case. In practice, this means that the court generally will not set an end date for the spousal support order.
However, this lack of an end date does not mean that spousal support orders after long-term marriages always last forever. While it is possible that the spousal support may last until one of the parties dies, it is also possible that the spousal support will end due to a “change in circumstances”. For example, the recipient spouse may become remarried or may make no attempt to become self-sufficient in the years after the alimony is ordered. Or, the paying spouse may have a significant drop in income and as such might no longer be able to pay spousal support.
Related: How to End Spousal Support in California
FAQs about the duration of spousal support in California
How do courts determine the length of spousal support?
They will select a period of time that is “just and reasonable”. The primary guiding factor is whether or not the marriage lasted more or less than 10 years.
How long does spousal support last after marriages that lasted less than 10 years?
For short-term marriages, the guideline is to order spousal support for half of the length of the marriage. For example, a 5-year marriage would result in a spousal support order for 2.5 years.
How long does spousal support last after marriages that lasted longer than 10 years?
For long-term marriages, courts retain jurisdiction over the issue indefinitely. They will generally not include an end date in the order, and the spousal support would therefore only end due to a significant change in circumstances.
Do I need a lawyer?
While having a lawyer during a divorce is not necessary, it is strongly recommended, especially in more complex and difficult divorce cases.
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