Length of Marriage and Receiving 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.
What is alimony 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.
How Long Will I Pay or Receive Alimony in California?
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.
What are factors in determining alimony in California?
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.
How Do Marital Agreements Impact Spousal Support in California?
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.
Can Alimony Be Modified After the Court Issues an Order in Los Angeles?
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.
Contact Our Los Angeles Spousal Support Attorneys Today
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.
Meet Thomas Sands –
Experienced Los Angeles Divorce & Family Attorney
Thomas D. Sands is a highly experienced and widely respected divorce and family attorney serving clients throughout Los Angeles, Riverside, and San Bernardino counties for more than 2 decades. As the founder and principal family attorney at The Sands Law Group, APLC, Thomas Sands is dedicated to providing strategic, cost-effective legal representation to individuals and families facing some of life’s most difficult transitions.
Clients trust Thomas Sands not only for his legal knowledge but also for his compassion. Whether you are facing a straightforward divorce or a complex high net worth separation, Thomas provides strategic, results-driven guidance tailored to your unique situation. He understands the emotional toll that divorce and custody disputes can take, and he approaches every case with a commitment to minimizing stress while vigorously protecting your rights and long-term interests. His client-first philosophy has earned him a strong reputation among both peers and families across Southern California.
The Sands Law Group, APLC reflects Thomas Sands’ dedication to service and inclusivity. The firm offers multilingual legal support in English, Spanish, French, Hebrew, and Arabic, ensuring that clients from diverse backgrounds receive clear communication and culturally sensitive representation. Whether through negotiation or litigation, Thomas Sands strives to achieve favorable outcomes while helping clients avoid unnecessary delays and expenses.
In recognition of his excellence in family law advocacy, Thomas Sands has received numerous accolades, including being named Litigator of the Year by the American Institute of Trial Lawyers and Lawyer of the Year by the American Institute of Legal Professionals in 2023. These honors reflect his ongoing commitment to delivering exceptional legal results with professionalism and care.