How Long do you Have to be Married to get Alimony in California?

Understanding the Role of Marriage Duration in California Spousal Support

Determining whether you qualify for alimony in California—and for how long—can be confusing without the right legal guidance. At The Sands Law Group, a trusted Los Angeles family law firm, we help clients navigate the complexities of spousal support laws every day. One of the most common questions we hear is:

“How long do you need to be married to receive alimony in California?”

While California law does not impose a strict minimum marriage length to qualify for alimony, the length of the marriage plays a major role in how long support may be awarded. Judges often apply the “10-year rule” when deciding if alimony should be short-term or long-term. That means your case could be treated very differently depending on whether your marriage lasted more or less than ten years.

In this article, we’ll explain how the courts approach spousal support based on the duration of your marriage—and what you need to know if you’re considering divorce or legal separation in California.

Alimony, known as spousal support in California, is designed to help the lower-earning spouse transition from married life to being single. It is not intended to provide lifelong support, although it sometimes does. There is no minimum marriage length to qualify for alimony, but the easier it is for the lower-earning spouse to become self-sufficient, the less support they may receive.

Two types of spousal support exist in California:

Temporary Support

This support lasts through the divorce process. Typically awarded in marriages lasting 6 to 12 months, temporary support depends on the specifics of each divorce case.

Rehabilitative Support

Extending beyond the divorce process, this support aims to help the lower-earning spouse become self-sufficient through training and increased income. For marriages under 10 years, it usually lasts half the marriage’s length. For longer marriages, the duration varies.

The duration of alimony, or spousal support, in California depends on several factors, primarily the length of the marriage. Here is a breakdown of what to expect:

Short-Term Marriages

California applies a “ten-year rule” for determining alimony. Marriages lasting less than ten years are classified as short-term. Typically, alimony for short-term marriages does not exceed half the duration of the marriage. For example, if your marriage lasted five years, you might pay or receive alimony for up to 2.5 years. However, the judge can adjust this duration based on other factors specific to your case.

Long-Term Marriages

Marriages that last longer than ten years are considered long-term. In these cases, judges may grant permanent alimony. The exact duration and type of alimony are determined based on the specific circumstances of the case, including the financial needs, and abilities of both parties.

According to California Family Code §4320, there are several factors that influence the determination of alimony or spousal support. Understanding these factors is crucial for those navigating divorce. Here are the key elements considered by the courts:

• Standard of Living: The lifestyle maintained during the marriage plays a significant role in determining support.
• Needs of Each Spouse: The specific financial needs of both the paying and receiving spouse are evaluated.
• Age and Health: The physical and mental health and age of each spouse are important considerations.
• Supporting Spouse’s Ability to Pay: The paying spouse’s financial capacity is a crucial factor.
• Earning Ability: This includes job skills, market conditions, and any reductions in earning capacity due to time spent out of the job market.
• Employment Impact on Children: Each spouse’s ability to work without negatively affecting their children is considered.
• Contributions to Education: Contributions by the lower-earning spouse to the other’s education and career are considered.
• History of Domestic Violence: Any history of domestic violence or sexual assault is factored into the decision.
• Hardships: Any hardships experienced by either spouse are evaluated.

Marital agreements, such as prenuptial and postnuptial agreements, can significantly influence spousal support decisions in California. These agreements often outline specific terms for alimony in the event of separation or divorce. When legally executed, judges typically honor these agreements.

However, there are instances where a spouse may contest the validity of a marital agreement. A judge might void the agreement or its terms if it is proven that a spouse was coerced into signing or if fraud and misrepresentation were involved. In such cases, the terms for spousal support outlined in the agreement may not be enforced.

If a judge voids a marital contract or certain terms within it, the spouses may need to negotiate new alimony arrangements. Should a dispute arise, the judge will consider several factors, such as the length of the marriage, each spouse’s financial needs and earning capabilities, to determine spousal support.

Yes, alimony can be modified after a court issues an order in Los Angeles. Spousal support continues until it is either modified or terminated by a court. Modifications to alimony are typically considered when there is a significant change in circumstances.

The spouse seeking the modification must prove that the change in circumstances is substantial enough to warrant an adjustment. Reasons a judge might modify alimony in Los Angeles include:

• Unintentional unemployment
• A permanent decrease in income
• The receiving spouse fails to make a good-faith effort to become self-supporting
• An injury or illness requiring a lengthy recovery period
• The receiving spouse no longer needs financial support
• A spouse becomes permanently disabled
• The receiving spouse is residing with a romantic partner
• The paying spouse retires

It is essential to act promptly if you believe your circumstances have changed and warrant a modification of spousal support.

If you have questions about modifying alimony or any other family law matter, the experienced divorce lawyers at The Sands Law Group, APLC, are here to help. We have assisted numerous families in Los Angeles and Southern California navigate the complexities of spousal support and other family law issues.

Our dedicated and knowledgeable attorneys will review the details of your case, provide clear guidance, and advocate for your best interests throughout the process. Don’t navigate this challenging journey alone. Contact us or call us at 213-788-4412 today for a confidential consultation. Let us help you find the resolution you deserve.