If you are considering divorce after a long-term marriage, you are likely wondering how your marriage might be treated differently from shorter marriages. Do spouses have greater obligations to one another after a longer marriage? Is there any specific length of marriage that is considered “long term”?
Generally, California courts consider marriages of 10 years or more to be long-term marriages. However, the 10-year marriage divorce rule is not written in stone. Courts can evaluate other factors when determining what classifies a marriage as long-term. Why does the length of a marriage matter? Typically, long-term marriages result in more alimony over time.
If you want to learn more about what to expect from your long-term marriage divorce, contact the Law Offices of Ali Yousefi, P.C. We can evaluate your circumstances and give you an idea of how your long-term marriage might affect the terms of your divorce.
What Is the 10-Year Marriage Rule for Divorce In California?
California’s 10-year marriage rule states that courts will presume that a marriage of 10 years or more is one of “long duration.” However, the court can consider other factors in determining whether a marriage is of long duration. For example, a marriage marked by long periods of separation may be deemed short-term even though the parties are officially married for 10 years or more. Additionally, courts have the discretion to recognize a marriage shorter than 10 years as one of long duration.
There is a common perception that a 10-year marriage before divorce necessarily results in more alimony. Similarly, there is a belief that a marriage of less than 10 years necessarily results in less alimony. Given the 10-year rule, this may be the case for many individuals. However, what will ultimately determine how long alimony lasts is the judge’s determination as to whether the marriage was one of long duration.
For marriages of short duration, alimony payments will typically continue for half the length of the marriage. For example, a 6-year marriage before divorce would yield 3 years of alimony payments.
For marriages of long duration, alimony continues indefinitely but can be modified or terminated by the court. To change alimony, the party advocating the change generally needs to show that there has been a change of circumstances since the divorce. For example, the party receiving alimony may have gotten a job that makes them more self-sufficient, or the party paying alimony may have taken a pay cut due to a downturn in the economy.
The 10-year marriage divorce rule aims to balance these various factors. The 10-year point allows the court to assume a level of integration and support between spouses’ lives and assets that supports a finding of long-term support. Courts will consider periods of long physical separation when considering the 10-year rule. With a long-term separation, there would be less support for integrating lives and assets, which could result in lifetime alimony payments.
How Is Spousal Support Determined?
While the duration of the marriage impacts how long alimony will last, the court relies on a different set of factors to calculate the amount of alimony. These factors are broken down by who the supported party is and who the supporting party is. For the supported party, courts consider:
- Their earning capacity in light of their marketable skills and the current job market for those skills;
- Whether their present or future ability to earn has been impacted by periods of unemployment during the marriage to support the household with domestic duties;
- Whether they contributed to the supporting party’s education, training, or career; and
- Whether the care of dependent children will be impacted by employment.
For the supporting party, courts consider their:
- Earning capacity, and
- Ability to pay spousal support.
Consideration is given to both parties’:
- Financial needs considering the standard of living established during the marriage,
- Assets and obligations, and
- Health and age.
None of these factors alone can trigger more significant alimony or overcome spousal support obligations in a long-term marriage. However, these additional factors allow the court to consider lifestyle when determining alimony amounts.
Let the Law Offices of Ali Yousefi, P.C. Assist With Your Long-Term Marriage Divorce
Whether you hope to minimize alimony payments to your former spouse or seek to receive the maximum alimony payment possible, the length of your marriage matters. Allow one of California’s 10 best attorneys—as recognized by the American Institute—to handle the unique circumstances of your divorce with compassion and experience. Ali Yousefi and his team understand that divorce is a painful process.
To address any questions and concerns, contact us for your free consultation today.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
Loading...