In California, spousal support—commonly known as alimony—is a pivotal aspect of divorce
proceedings, especially concerning the duration and jurisdiction of support orders.
A prevalent misconception is that marriages lasting ten years or more automatically entitle the
lower-earning spouse to lifetime alimony. While the ten-year mark is significant, it doesn’t
guarantee indefinite support.
Understanding the “Marriage of Long Duration”
Under California Family Code Section 4336, a marriage lasting ten years or more, measured
from the date of marriage to the date of separation, is presumed to be of “long duration.” This
designation is crucial because, in such cases, the court retains jurisdiction over spousal support
indefinitely, unless there’s a written agreement stating otherwise or a court order terminating
support. This means that even after the initial support order, the court can revisit and modify
spousal support based on changes in circumstances.
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It’s important to note that while a ten-year marriage is presumed to be of long duration, the court
may consider marriages of less than ten years as long-term based on specific circumstances. For
instance, periods of separation during the marriage can influence this determination. Conversely,
even in marriages exceeding ten years, spousal support isn’t automatically permanent; the court
evaluates various factors to decide the appropriateness and duration of support.
Implications for Spousal Support
The primary implication of a long-duration marriage is the court’s ongoing authority to modify
spousal support orders. This doesn’t mean that support will continue indefinitely but allows for
adjustments if there’s a significant change in either party’s circumstances, such as:
Changes in Income: If the paying spouse experiences a substantial increase or decrease
in earnings.
Financial Hardship: If the receiving spouse faces unexpected financial challenges.
Remarriage or Cohabitation: If the receiving spouse remarries or cohabitates with a
new partner, which can influence the need for support.
For marriages shorter than ten years, spousal support is typically set for a duration considered
reasonable for the receiving spouse to become self-supporting, often half the length of the
marriage. However, the court retains discretion to adjust this based on individual case factors.
Key Takeaways
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No Automatic Lifetime Support: A marriage lasting ten years doesn’t guarantee
permanent spousal support.
Court’s Retained Jurisdiction: In long-duration marriages, the court can modify
support orders as circumstances change.
Case-by-Case Evaluation: Each divorce case is unique; factors like income, health, age,
and contributions to the marriage influence spousal support decisions.
Protecting Your Rights
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Navigating spousal support laws in California requires a nuanced understanding of both statutory
provisions and judicial discretion. At Reel Fathers Rights, we specialize in advocating for
fathers’ rights in divorce and spousal support matters. With offices in San Diego, Irvine,
Corona, Riverside, and Palm Desert, our experienced attorneys are ready to provide
personalized guidance tailored to your situation.
Contact us today for a consultation and ensure your rights and interests are protected
throughout the divorce process.
Click the link HERE to schedule your Consultation or call us 24/7 at 951-633-8595
Call or text 951-339-3826 or complete a Case Evaluation form