What is the “Ten Year Rule” for California Divorces?

You may have heard of such a rule, but it may not be as big a deal as you thought. It’s more procedural than substantive. It opens the door to possibly receiving or paying support for many years, but each case is decided on its facts.

Taylor B. Warner provides exceptional family law service to San Bernardino, Riverside, Orange, and Los Angeles County clients. If you need help with a spousal support matter, call her at (909) 466-5575 today.

What is Spousal Support or Alimony?

Spousal support is the court-ordered payment from one spouse or domestic partner to help pay the other’s monthly expenses. This can be temporary (during the divorce process) or long-term (after the divorce is finalized).

Long-term (sometimes called permanent, but that’s not always the case) support is more likely if the marriage is long and one spouse earns substantially more than the other. The parties can agree upon spousal support. A trial will address the issue if the parties can’t or won’t resolve it.

How Much Will Payments Be? How Long Will They Last?

Generally, the longer the marriage, the longer the payments will last. Your case may vary. Support duration lasts the reasonable time it should take for a spouse to become self-supporting, though there are other issues. The “rule of thumb” for marriages of less than ten years is that support will be paid for half the years the parties were married. There’s no such assumption when marriages are ten or more years long.

Support should last for as long as the receiving spouse needs the payments and the other can pay, which could be for many years. It may end by the parties’ agreement when a judge orders it to end, the supported spouse remarries, or one spouse dies.

The length and amount of support is based on a set of factors, including:

• The marriage’s length
• The parties’ age and health
• The parties’ incomes
• The requesting party’s earning capacity
• The standard of living during the marriage
• The parties’ assets and debts
• Whether one spouse aided the other in getting training or an education, helped with their career development, or obtained a professional license
• The parties ability to pay and need to receive support

Though spousal support has statutory guidelines, each case is unique and decided on individual situations.

Where Does the “Ten Year Rule” Come Into Play?

Two statutes set the stage for this rule. Family Code, section 4335 states:

“An order for spousal support terminates at the end of the period provided in the order and shall not be extended unless the court retains jurisdiction in the order or under Section 4336.”

Family Code, section 4336 states:

“(a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.
(b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.”

As you can see, this “ten-year rule” can apply to marriages lasting less than ten years.

The fact the judge in your case retains jurisdiction doesn’t mean you’ll receive or pay alimony indefinitely. It just means the court can continue to make decisions about the payments, which can cover previous orders and changes to the payments as necessary. One way to prevent this from being an issue is for the parties to reach an agreement and set their own alimony rules (within limits). Nearly all divorce cases end with a settlement.

Taylor B. Warner is an Attorney You Can Trust With Your Divorce Case

Suppose you’re thinking about getting a divorce or you’ve been divorced and have concerns about ongoing spousal support. In that case, the family law attorneys at the Law Office of Taylor B. Warner can answer your questions and provide legal representation. Call our office for a consultation today.

Taylor Warner

Taylor has always been an advocate. Growing up the middle child with an older and a younger brother, Taylor developed a strong voice and personality and has always felt strongly about helping others. Becoming a lawyer seemed to fit Taylor’s personality and character – she is a strong leader and a bold advocate. Learn more here.