Spousal Support in California: Long-Term Marriages

January 12, 2020March 6, 2020
by Angie

Spousal support in California after a long-term marriage is different from spousal support after a short-term marriage. The courts have a lot of leeway in determining the amount and duration of support, but California Family Code outlines specific guidelines when a marriage is long-term.

So how does spousal support in California work after a long-term marriage?

Spousal Support in California: Long-Term Marriages

California Family Code, Section 4336 defines a long-term marriage as one lasting 10 years or more. However, the law also says that the court can consider periods of separation during the marriage – so if you’ve been married for 12 years but separated for 4 years, the court may decide that your marriage wasn’t actually “long-term.”

Conversely, nothing in the law prevents the court from determining that a marriage lasting less than 10 years is a long-term marriage, either. That means even if you were only married for 7 years, the court could consider it a “marriage of long duration.” And while there’s no way to predict how a judge will rule, your Stockton divorce attorney can talk to you about the length of your marriage and what kind of spousal support you’re likely to pay or receive.

With all that said, here’s why it matters: The length of your marriage can affect how long you’ll receive spousal support – and even how much you pay or receive. When a judge considers the length of a marriage in making support decisions, he or she is really determining how long the court will have jurisdiction over support.

In short-term marriages, the courts can order spousal support for a set period of time. However, once support ends, the court no longer has jurisdiction over it. That means the spouse who was receiving support can’t come back to the court and ask a judge to re-order support if he or she still needs it.

Conversely, in long-term marriages, the courts can order spousal support for a set period of time. However, once the paying party’s obligation ends, the receiving spouse can come back to the court and ask the judge to create a new support order.

Here are a couple of examples.

Spousal Support in California: Example #1

Matt and Jenn were married for 9 years. The court determines that theirs was not a long-term marriage and orders Matt to pay Jenn spousal support for 5 years. The spousal support order ends the courts jurisdiction after Matt’s support obligation ends. Jenn can ask the court to change the amount she receives in spousal support during that initial 5 years, but after that, the court can’t do anything for her – even if she needs it.

Spousal Support in California: Example #2

Krysten and Amy were married for 14 years. Because the marriage lasted more than 10 years and the two were not separated at all during that time, the court does consider it a long-term marriage. The spousal support order requires Krysten to pay Amy spousal support for 7 years. After 7 years, Amy can come back and ask the judge to issue another support order – and the court retains jurisdiction over the case until Amy remarries or dies.

The 10-Year Myth in Spousal Support

A lot of people ask about the 10-Year rule in spousal support, but there’s no such thing – it’s a myth. The court determines whether a marriage is long-term, and sometimes judges rule that marriages that lasted fewer than 10 years are still long-term.

Will My Ex Get Spousal Support for Life?

In some long-term marriages – and even after some short-term marriages – one spouse is entitled to receive spousal support for life. Sometimes this happens when a couple is married for a long time and one party hasn’t worked, or when one party is disabled and cannot care for him- or herself. Again, there’s no way to predict how a judge will rule, so if you’re not sure, it’s best to talk to your lawyer about your situation.

Do You Need to Talk to a Lawyer About Spousal Support in California After a Long-Term Marriage?

If you need to talk to an attorney about spousal support after a long-term marriage in California, we may be able to help you. Call us at (209) 546-6246 to set up a consultation to talk about your case and get answers to all your questions, including those about child custody and child support, property division and more.

Child Custody

Child Custody: Who’s Choice is it Anyways?

April 20, 2016August 13, 2020
by Dr. Thomas Maples

As the dust settles from the arguments that lead to your separation, and you have filed the volumes of financial data your attorney has requested of you, and have neared a mutual decision about the appropriate division of your assets and liabilities, there is one last question to settle. Who gets custody of the most precious asset your marriage produced?

In a perfect world, both you and your spouse will come to a mutual agreement of shared time, shared efforts in your child’s upbringing, and shared decision making capacity in regards to their educational, medical, and emotional wellbeing. You both created your child (Right), shouldn’t you both get to see the benefits (and yes the burdens) of seeing your child grow into a functional and productive adult. Unfortunately, in many cases this seems an alternate reality, a fantasy of sorts for those who undergo family law litigation.

Who’s Choice is it Anyways?

Before you start child custody litigation, it is imperative to know that you are seeking a third party decision regarding the time you may, or may not get to spend with your child. Ultimately a judge will issue a decision, one you may or may not be happy with. That is the consequence of not being able to settle your own disputes. While in a perfect world, your position will be taken 100% into account by the independently partial third party (the wishful thinking perspective), ultimately, the third party will need to make a decision regarding what parent should have legal and physical custody of your child. This removes the decision from your hands, placing it into the hands of a stranger that knows neither you, your opposing party, or the history either of you have in regards to functional child-care.

Remember, California Courts follow a specific rule when making decisions regarding custody. “Custody should be granted in the following order of preference according to the best interest of the child” (California Family Code Sec. 3040). When making rulings regarding what is in the best interest of your child, the court will take into account both parties perspectives, but will determine legal, and physical custody arrangements based upon factors such as the health, safety, and welfare of the child, history of spousal and / or child abuse, the nature and the amount of contacts between the child and the parents, drug and alcohol abuse, and any other factors that are relevant to your case.

If possible, it is best to work with your attorneys to find an amicable solution to your child’s custody schedule, work within mediation, and finally, when all other measures have failed, to pursue litigation to determine your custody arrangements. If you have joint physical or legal custody, both you and the other parent of your child can make decisions about what is in the best interest of your child’s physical and emotional wellbeing. However, in order to avoid further costly litigation, it is imperative to develop healthy communication with your ex as a means stay out of court.

Child custody Disputes are costly. Not only from a financial perspective, but ultimately from the perspective of damage it causes to the people caught in its wake. Ultimately, there are no winners in a child custody case, only individuals left to deal with a multitude of hurt emotions. Taking accountability now, and learning ways to effectively communicate with the other parent of your child may be difficult, but the rewards will be worth the work as it relates to both yours and your child’s emotional health and psychological wellbeing. Who knows, this decision may even help your family heal in a more timely fashion, as you learn effective ways to relate to one another that are inclusive, not divisive in nature.

If you feel stuck, the Maples Family Law is here to help.

Tag: <span>California Family Code</span>

Spousal Support in California: Long-Term Marriages

Spousal Support in California: Long-Term Marriages

Spousal Support in California: Example #1

Spousal Support in California: Example #2

The 10-Year Myth in Spousal Support

Will My Ex Get Spousal Support for Life?

Do You Need to Talk to a Lawyer About Spousal Support in California After a Long-Term Marriage?

Child Custody: Who’s Choice is it Anyways?