The length of alimony in California
Alimony can last different lengths of time depending on the particular circumstances of the divorcing spouses. Here’s what you need to know about how long alimony lasts in California.
When a judge orders a spouse to pay alimony to another spouse, the order will usually last for half the length of the marriage if the marriage lasted less than ten years. If the marriage lasted longer than ten years, then the judge may not set an end date. If there is a change in circumstances, then a spouse may request that the alimony order be modified or ended.
What is alimony?
Alimony is court-ordered spousal support after the end of a marriage or domestic partnership. Its purpose is to ensure the economic stability and well-being of divorcing spouses that earn significantly less income compared to their ex-partner.
Related: Difference Between Alimony and Spousal Support in CA
In determining whether or not to grant alimony as well as how much alimony to grant, the judge will consider numerous factors outlined in California Family Code Section 4320, such as:
- Whether or not the partners are able to maintain their previous standard of living post-divorce
- Whether or not one spouse helped the other obtain an education or career
- Existing property and debts
- The ability of the paying spouse to pay alimony
When determining the length of alimony, the judge will primarily consider the length of marriage as the determining factor, in addition to the other factors.
Related: How to Calculate Spousal Support/Alimony in California
Alimony after short-term marriages
An important factor that must be considered when determining alimony is the goal of ensuring that the supported party be self-sustaining for a “reasonable period of time”. As defined in Section 4320 (Part L), a “reasonable period of time” for alimony after marriages that last less than ten years (also known as short-term marriages) is one-half the length of marriage. However, this does not mean that all alimony orders for short-term marriages will be for half the length of marriage; the law explicitly states that judges have the discretion to order alimony for shorter or longer periods of time based on the factors outlined in Section 4320.
Alimony after long-term marriages
In general, marriages that last longer than ten years are considered long-term marriages. However, California Family Code Section 4336 states that judges have the discretion to determine whether or not a marriage that lasted less than ten years can be considered long-term as well. Typically, spousal support orders for long-term marriages do not have expiration dates. They last until there is a “change in circumstances” that results in the spousal support no longer being needed or justifiable, after which an ex-spouse may request that the order be modified or ended. Examples of changes in circumstances include:
- A significant increase in income for the supported party
- A significant decrease in income for the paying party
- Little attempt by the supported party to become self-sufficient
- Remarriage of the supported party
FAQs about the length of alimony in California
What determines the length of alimony in California?
If alimony is being ordered, its length is most significantly determined by whether or not the marriage lasted for more or less than ten years.
Related: Spousal Support FAQs in California
How long does alimony last after short-term marriages?
For marriages lasting less than ten years, the alimony will generally be ordered for half the length of the marriage.
How long does alimony last after long-term marriages?
For marriages lasting longer than ten years, the alimony generally has no expiration date, and can only be ended if there is a significant change in circumstances.
Can I ask for my long-term alimony order to be ended if I am the paying party?
If there is a significant change in circumstances, then yes. Examples include a significant increase in your ex-partner’s income or a significant decrease in your income.
How can I ensure that I receive the spousal support that I am entitled to?
Contact us to get set up with an expert spousal support attorney who will ensure that you receive the spousal support you are entitled to.
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If you or a loved one have any more questions about how long alimony lasts in California, contact us for your free consultation. We can get you in touch with the right Spousal Support Attorney for your unique legal situation.