In California, many have the notion that if you have been married for ten plus years, you or your spouse would be entitled to lifetime spousal support. Well, contrary to popular belief, this is simply not true. However, this does not mean that spousal support can’t go on “forever” measured in a party’s lifetime. There are very specific rules concerning how the duration of spousal support is determined by the courts in California.
How is Spousal Support Determined by The Courts?
In California, a marriage is considered long-term if the parties have been married over ten (10) years. In such cases, the court does not have the authority to give a termination date for the support at this time. Termination of spousal support will occur by law if one of the parties passes away or if the supported party remarries or enters into a domestic partner relationship. California Code § 4320, outlines the factors the court must consider, to determine the amount of spousal support due and the duration of said support.
Factors such as the standard of living during the marriage, the earning capacity of each spouse, as well as their individual assets, the particular financial needs of a spouse and the ability of the other spouse to pay support, the age and health of the parties, the duration of the marriage, and any other factors the court deems just and equitable are considered.
What is the Difference Between Marriages of Fewer Than Ten Years and Those of More Than Ten Years?
The goal during any divorce is that the supported spouse will become self-supporting within a reasonable period of time (Cal. Fam. Code § 4320(l)). However, the Code only specifies that a “reasonable” period of time is generally one-half the length of a marriage under ten (10) years.
For marriages ten plus years in duration, California Family Code § 4336 controls. Under this code section, the court retains jurisdiction over spousal support indefinitely, unless the parties agree otherwise. As such, if there is a change of circumstances for either party, the court will have jurisdiction (ability/authority) to make further orders or modify the current orders (i.e. retirement, Disability, or a change in income.)
What’s the Real Deal Regarding the Length a Party is Entitled to Spousal Support?
So, can spousal support literally go on “forever” as in, up until the death or remarriage of the supported spouse who was in a marriage determined to be of long-duration? Technically yes, particularly if the parties cannot agree to a termination of the court’s jurisdiction over the issue. However, the point to keep in mind is that if a party experience changed circumstances, or the supported party becomes self-supporting, without an agreement, the court has continuing jurisdiction over the issue of spousal support.
With the continuing jurisdiction, the court therefore has the discretion to modify the support upon the request of either party.
Reference:
Cal. Fam. Code § 4320
Cal. Fam. Code § 4336