You just signed the divorce judgment, and the order for spousal support feels like a prison sentence with no end in sight. Perhaps, you’re on the other end, wondering how long you can count on these payments to help you get your life back on track.
No matter what, the question “how long will this last?” is the most important one for your financial planning and your peace of mind.
California’s laws about spousal support don’t give clear answers about how long it will last. Child support is based on fairly predictable rules and ends when the child turns 18. Spousal support, on the other hand, can last for a long time depending on a number of factors, such as how long you were married, how much money each spouse has, and whether certain life events happen.
It’s important to know these rules whether you’re trying to reach a settlement or waiting for a judge to decide how long support will last.
Schedule a confidential consultation now or call (714) 909-2561 to discuss your spousal support situation with the experienced family law attorneys at Moshtael Family Law, who can help you understand your obligations or protect your rights.
Temporary vs. Permanent Spousal Support
California has two different kinds of spousal support, and the rules about how long they last are very different for each. Temporary spousal support, which is also called “pendente lite” support, starts when one spouse asks for it during the divorce process and ends when the divorce is final. How long temporary support lasts has nothing to do with how long your marriage lasted. It only has to do with how long your divorce takes.
OC judges use formulas that are similar to those used to figure out child support to figure out temporary support. These formulas are usually based on the income of each spouse. These computer-generated numbers don’t take into account all the things that affect permanent support. That’s why temporary support is often very different from what the judge decides for long-term support.
Permanent spousal support, even though its name is misleading, is the support that your divorce judgment says you have to pay. “Permanent” doesn’t mean it will last forever. Instead, it sets this support apart from temporary support and makes it clear that it’s part of the final orders and not just temporary arrangements during the divorce process.
The length of permanent spousal support is very different from that of temporary support and depends a lot on how long your marriage lasted. California Family Code Section 4320 says that judges must think about a lot of things when deciding how much and how long permanent support should be given. The length of the marriage is one of the most important things they look at.
Short-Term Marriages in California: The Half-the-Length Rule
Judges usually order spousal support for about half the length of the marriage for marriages that last less than ten years, which is what California courts call “short-term marriages.” This guideline isn’t a law that has to be followed, but family law judges in Orange County always follow it.
If you were married for six years, you should expect spousal support to last about three years. Four years of support is normal for an eight-year marriage. This general rule helps both parties plan their financial futures after divorce by giving them some predictability.
Judges, on the other hand, can choose to ignore this rule if they think it is necessary for your case. If the spouse who is getting support has serious health problems that make it hard for them to support themselves within the usual time frame, the judge may extend support beyond half the length of the marriage. On the other hand, if the supported spouse can make a lot of money and doesn’t need a lot of help, the time might be shorter.
The most important thing to remember is that for short-term marriages, the court usually loses the power to change support once the end date comes. If your judgment says that support will last for three years with no reservation of jurisdiction, the court usually can’t extend support after those three years, even if circumstances change dramatically.
If you’re negotiating a settlement in a short-term marriage and need guidance on support duration, schedule a consultation on our secure online form or call (714) 909-2561 now to discuss strategies that protect your interests.
Long-Term Marriages: When the Court Retains Jurisdiction Indefinitely
California Family Code Section 4336 says that marriages that last a long time are different from those that last a short time. Under California law, marriages that last ten years or longer from the date of marriage to the date of separation are considered long-term marriages. This means that the court has different rules about how long it can continue to order spousal support.
The ten-year mark is a big deal. The court has the power to deal with spousal support issues for as long as the parties agree in writing or the court’s order says so. This doesn’t mean that support will last forever; it means that the judge can change, extend, or end support if the situation changes.
A lot of people get the “ten-year rule” wrong and think it means that marriages that last more than ten years will always get alimony. There is no legal basis for this myth in California. The ten-year limit really only tells the court whether it can keep dealing with spousal support issues after the first order ends or after a request for a change.
Judges usually don’t set a specific end date for support in long-term marriages. Instead, they say that support will last “until further order of the court” or “until the death of either party, remarriage of the supported spouse, or further order of the court.” These orders that don’t have an end date don’t guarantee that support will last forever, but they do keep the court’s ability to look at the issue again if things change.
At Moshtael Family Law, we have seen that judges in OC who deal with long-term marriage cases carefully think about whether the supported spouse can realistically support themselves.
If your spouse is in their twenties or thirties and has skills that are in demand, people will expect very different things from them than if they are in their sixties and have spent decades raising children and running the household.
Factors Under California Family Code Section 4320
California Family Code Section 4320 lists the things judges must think about when deciding how much spousal support to give and how long it should last. Judges use the same factors to decide whether to set a date for support to end or keep jurisdiction indefinitely.
Judges must take into account the standard of living that was set during the marriage and whether each spouse can keep up a lifestyle that is similar to what they had while they were married.
When deciding how long to support a spouse, you need to think about their marketable skills, the job market for those skills, and how much time and money it will take to get them educated or trained to develop those skills.
The degree to which the supported spouse’s earning potential was diminished by intervals of unemployment to facilitate their engagement in domestic responsibilities is of considerable importance.
Judges take into account the history of one spouse giving up career advancement to raise children or help the other spouse’s career when deciding how long support should last.
How Do California Courts Determine The Amount and Duration of Spousal Support?
The amount and length of support depend on how much the supporting spouse can afford to pay while still meeting their own needs. Judges may order longer support payments if the supporting spouse’s income can easily cover them.
The age and health of each party affect how long the case will last. A supported spouse with serious health problems that make it hard for them to work may get help for a longer time, while younger, healthier spouses are expected to become self-supporting more quickly.
The length of the marriage is clearly shown in the Section 4320 factors. Longer marriages usually mean longer support periods, especially when one spouse made a lot more money than the other during the marriage.
Specifically, Section 4320 says that “the goal that the supported party shall be self-supporting within a reasonable period of time” is very important. California law expects supported spouses to try to become financially independent, unless they are in a long-term marriage and their age or health makes it impossible for them to do so.
For short-term marriages, “reasonable” usually means about half the length of the marriage. When it comes to long-term marriages, “reasonable” depends a lot on the situation.
When Spousal Support Automatically Terminates
No matter what your divorce judgment says about how long support will last, California Family Code Section 4337 says that spousal support will end automatically if either spouse dies or the supported spouse gets remarried. These terminations happen automatically under the law, so you don’t need a new court order. Support stops on the day of death or remarriage.
The death termination makes sense: the paying spouse’s obligation doesn’t continue after their death and become an estate debt (unless the parties specifically agreed otherwise in writing), and the supported spouse’s need for support ends with their death.
The end of the second marriage also makes sense. When the spouse who is receiving support gets married again, they have entered into a new economic partnership with someone who is now legally required to support them. In California, the law assumes that this new marriage makes it less necessary for the former spouse to continue getting support.
However, there is one important exception: the parties can agree in writing that support will continue even if they get married again. These agreements must be clear and be part of the judgment or a separate written agreement. If there isn’t such an agreement, support automatically ends when the person remarries, even if the new marriage ends in divorce or annulment quickly.
For automatic termination to happen, the remarriage must be legal. If you want to stop support, a commitment ceremony, a religious marriage without a valid marriage license, or just living with a new partner don’t count as remarriage. Courts have turned down attempts to stop support because the supported spouse never got a valid marriage license, and the marriage ceremony was not legal.
If you’re concerned about support obligations continuing after death or want to discuss life insurance provisions in your settlement, schedule a confidential consultation now or by calling (714) 909-2561.
How Cohabitation Affects Spousal Support Duration
California Family Code Section 4323 says that cohabiting with a new partner has different legal effects than getting married again. This law says that if the supported spouse lives with someone who is not their spouse, it is likely that they will need less spousal support.
Cohabitation is more than just living with a roommate. The law recognizes a romantic or intimate relationship in which the couple acts as partners, sharing finances and household duties akin to marriage, albeit without formal legal acknowledgment.
What Do Courts Look Into When There’s Cohabitation?
Courts look into whether the couple is still having sex, acting like a couple in front of others, sharing living costs or bank accounts, owning or renting property together, or showing that they depend on each other financially.
Once cohabitation is established, the supported spouse must demonstrate that their need for support has not diminished. The court won’t look at the new partner’s income to figure out how much support the supported spouse needs, but judges can look at how much of the household bills the new partner pays and how that money helps the supported spouse need less money from their ex.
To successfully use cohabitation to lower or end support, you need to show that both the romantic relationship and the living arrangement exist and then show how these things have lowered the supported spouse’s financial needs.
On the other hand, the supported spouse can fight against a modification based on cohabitation by saying that it is really a roommate situation without any romantic involvement, showing that the cohabitation is only temporary and not a permanent living arrangement, or showing that their need for support hasn’t gone down even though they are living together because they are still paying for most of their own expenses.
Modifying Spousal Support Before the Termination Date
Even if a judgment in California sets a specific date for spousal support to end, either party can ask to change the amount or length of time before that date if things have changed significantly since the last order.
These might involve:
- Changes in either party’s income or job;
- A serious illness or disability that affects their ability to earn money;
- The supported spouse is getting a new job or making a lot more money;
- Changes in living costs or financial needs, or
- The paying spouse’s retirement are all examples of material changes.
For long-term marriages where the court still has jurisdiction, requests for changes can be made at any time, even after the first termination date has passed, as long as the court hasn’t made it clear that jurisdiction has ended. This ongoing jurisdiction is one of the biggest differences between short-term and long-term marriage cases.
The spouse who pays for support must show that things have changed enough to make the change necessary when they ask for it to be changed to lower or end support. Judges often look at whether the supported spouse has made reasonable efforts to become self-supporting, as required by Section 4320.
A “Gavron warning” is a type of warning that California courts can give to a supported spouse. It tells them that they need to become self-sufficient and should work hard to do so. If a supported spouse gets a Gavron warning and doesn’t make reasonable efforts to find work or improve their earning potential, judges may cut or end support even if the original time period hasn’t ended.
Special Circumstances That Affect Duration of Spousal Support
In some cases, the general rules about how long support lasts don’t apply or have a big impact on how long support lasts. Family Code Sections 4324, 4324.5, and 4325 say that if there was domestic violence during the marriage, the abusive spouse can’t get spousal support. These sections can stop someone who has been found guilty of domestic violence felonies from getting any help, no matter how much they need it or how long they have been married.
In high-asset divorces where there is a lot of money at stake, support may last longer than usual because it takes a lot of money to keep up the standard of living of the marriage. On the other hand, if both spouses have similar incomes and the ability to earn money, support may not be needed, no matter how long the marriage lasts.
Support orders for cases involving business ownership, professional practices, or other complicated assets often take into account changes in income and may include clauses for reviewing and changing both the amount and length of time as business income changes.
The retirement of the spouse who pays may change their support obligations. Retirement doesn’t automatically end support, but it can be a good reason to change it if the retirement was reasonable and done in good faith, not as a way to avoid paying support. Judges in Orange County carefully look over retirement claims to make sure they are real and not just ways to avoid paying support.
Call A Trusted OC Lawyer Now and Take Control of Your Spousal Support Situation
There are things you can do and things you can’t do that will affect how long you pay or get spousal support in Orange County. The length of your marriage determines which set of rules about time applies. The terms of the settlement you agree to or the orders a judge makes set the rules for how long support will last.
Knowing these rules lets you make smart choices about settlement offers, plan your financial future realistically, and see when you have a good reason to ask for changes to or the end of support orders.
Don’t try to figure out how long spousal support will last without getting help from a lawyer who knows what they’re doing. How well you understand and follow California’s duration rules can often make the difference between getting a good settlement and a bad one, or between getting your support changed and having your request turned down.
Schedule a confidential consultation now or call (714) 909-2561 to discuss your spousal support situation with the family law attorneys at Moshtael Family Law, who can help you understand your obligations, protect your rights, and plan your financial future effectively.
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