How Long Does Spousal Support Last After a Long-Term Marriage?

When a couple decides to divorce in California, an important question often comes up: how long will spousal support last after the divorce? California laws are quite complex regarding spousal support, and a lot of circumstances have to be taken into account to answer this question. Spousal support, also known as alimony, can be broken down into two different types: temporary and permanent. Temporary spousal support is usually ordered while the divorce is pending. It helps both spouses maintain their current standard of living before the assets and debts of the community property are divided. Permanent spousal support describes the payments from one spouse to the other after the divorce is final. The court expects both spouses to eventually become financially independent after the divorce, and permanent spousal support helps the spouse in financial need take care of their living expenses while obtaining sustaining, long-term employment.

Dependent on the Length of Marriage

By law, the duration of permanent spousal support will depend on the length of the marriage. This period of time only consists of the times when the couple was legally married (and not simply cohabitating), and living under the same roof (not separated). If the marriage lasted less than 10 years, it is considered a short-term marriage and most judges will decide that spousal support will last one-half of the time spent married. If the marriage lasted 10 years or more, California considers it a long-term marriage and spousal support rules start getting more complex and less clear cut. This is where a fair divorce mediator can help and provide the necessary professional advice to navigate the many intricacies and requirements of family court. Through the process of mediation, a couple is able to make educated decisions that will be fair and equitable for both parties.

An experienced mediator will help a couple take into consideration several factors in order to agree on an amount and a length of spousal support. These factors may include the ability for the spouse in need to become financially independent in the near future, their marketability skills, their current assets, and their standard of living, as well as the other’s standard of living, their earning capacity, and their assets. Age and health will also be considered for both spouses. A spouse that was disabled for most of the marriage and will continue to be afterwards will most certainly receive permanent spousal support. It is important to remember that California law specifies that the spouse with financial needs retains the right to receive spousal support as long as he/she needs it, and as long as the paying spouse can pay.

Change of Circumstances

Of course, it is possible to adjust the amount of spousal support after the final judgement if there is a change in circumstances. For example, if either spouse finds a higher paying job, or loses his/her source of income, support amounts can be adjusted accordingly. Additionally, if the spouse receiving the spousal support remarries, spousal support automatically ends. If that spouse decides to cohabitate rather than remarry, spousal support does not automatically continue as is. (link to cohabitation post) Also, when the payor retires at age 65, he/she can no longer be required to work to support the other spouse. Finally, if the spouse paying the spousal support dies, spousal support ends and that person’s assets cannot be seized to continue spousal support obligations.

About A Fair Way Mediation

A Fair Way Mediation Center offers a relaxed, compassionate atmosphere in an informal setting that encourages a calm and objective approach. This is a safe space that avoids the stress and embarrassment that courtroom procedures can inject into any divorce or separation. All couples are welcome, including traditional or same sex families.

afairway.com