California courts consider various factors when determining divorce issues such as equitable division and spousal support. One of the factors is the length of the marriage.
You may have heard of the “10-year rule,” which states that indefinite spousal support is required if a couple has been married for 10-years or more. This 10-year rule is largely a myth.
Long and short-term marriages
There is no legal right to indefinite spousal support if you have been married for 10 years or more. However, if your marriage has lasted for over a decade, it is considered a long-term marriage and may be treated differently in some aspect.
Additionally, depending on the circumstances, a court could rule that a marriage of under 10 years is a long-term marriage.
When it comes to spousal support, there is a presumption that in marriages of 10 years or less, support is granted for half the length of the marriage. When a marriage is 10 years or more, a court may not set a termination date for spousal support.
The role of jurisdiction
The main difference in a long-term marriage or more involves jurisdiction. The California Family Code states that a court retains jurisdiction indefinitely in a divorce or legal separation where the marriage is of long duration.
This generally means that judges retain decision-making power over divorce proceedings in long-term marriages. This does not mean that post-divorce decisions are up to the judge.
It means that some issues, such as spousal support, could be modified if a judge finds there is a legal reason to do so. Modifications could mean setting an end date for current spousal support or ruling that spousal support that previously ended be paid again.
There are exceptions to this jurisdictional rule. You and your spouse can agree in writing that spousal support permanently ends on a certain date. A previous court order stating that spousal support ends at a certain date could also be an exception to the jurisdictional power.