The Surprising Answer to How Long Alimony Lasts in California
The duration of alimony in California (how long it lasts) is a question both the paying and receiving spouses ask. Whether you are the paying or receiving spouse, knowing how long alimony lasts affects financial planning and future stability.
Topics We Cover on How Long Alimony Lasts
- How Long Does Alimony Last in a Short Marriage?
- How Long Does Alimony Last in a Long-Term Marriage?
- How Long Does Alimony Last if the Marriage Just Passed the Ten-Year Mark?
- Can Spouses Agree to Terminate Alimony in a Long-Term Marriage?
- How Long Does Alimony Last if Neither Spouse Wants Alimony Now?
- Got Questions About How Long Alimony Should Last?
How Long Does Alimony Last in a Short Marriage?
A common misconception is that a short marriage automatically results in a shorter alimony duration. While a marriage of fewer than 10 years is typically considered short-term, there is no hard and fast rule. For example, a marriage of less than 10 years may still be treated as long-term under certain circumstances, and vice versa.
For simplicity, let's assume a five-year marriage where neither spouse suffers from any disability. In most cases, alimony in a short-term marriage may last for half the duration of the marriage. So, alimony might be ordered for 2.5 years for a five-year marriage. However, this is not a strict rule and can vary based on several factors outlined in California Family Code 4320.
How Long Does Alimony Last in a Long-Term Marriage?
A marriage lasting 10 years or more is generally considered a long-term marriage in California. For such marriages, alimony may be ordered without a specific termination date. Typically, alimony continues until either spouse's death, the receiving spouse's remarriage, or a further court order.
However, it's important to understand that alimony orders are usually modifiable. Even in a long-term marriage, either spouse can request the court to modify the alimony in the future. Depending on the circumstances at the time of the request, this could mean an increase, decrease, or even termination of the support.
How Long Does Alimony Last if the Marriage Just Passed the Ten-Year Mark?
The duration of alimony can vary significantly when a marriage lasts just over 10 years. For example, in a marriage of 10.5 years, if both spouses are healthy and have similar incomes, alimony may be ordered for a shorter duration than in a longer marriage.
Hypothetical Example: Shorter Alimony Duration
Consider a scenario where one spouse earns $100,000 per year, and the other earns $70,000 per year in a 10.5-year marriage. Alimony may be awarded, but it may not be indefinite. The paying spouse could successfully argue for a termination date, especially if the income gap narrows.
Hypothetical Example: Longer Alimony Duration
Now consider a similar 10.5-year marriage where one spouse is physically disabled and has not worked during the marriage. In this case, alimony may continue for a longer period, possibly indefinitely, though this depends on future circumstances.
Can Spouses Agree to Terminate Alimony in a Long-Term Marriage?
Yes, spouses can stipulate to terminate alimony in a long-term marriage, just as in a short-term marriage. Whether this is advisable depends on the specific facts of the case. Legal advice is important in making such decisions.
How Long Does Alimony Last if Neither Spouse Wants Alimony Now?
Sometimes, spouses agree to a "reserved" alimony order, meaning no alimony is currently ordered, but the option remains open for the future. This is often the case when both spouses earn similar incomes and have no immediate need for alimony.
However, it's important not to terminate alimony prematurely. Life is unpredictable, and circumstances such as job loss or illness could create a future need for alimony.
Got Questions About How Long Alimony Should Last?
Our family law firm is highly experienced in handling alimony disputes, whether you're the paying or receiving spouse. If you have questions about how long alimony should last in your situation, we invite you to schedule an affordable strategy session with us. We handle family law matters throughout Southern California and are ready to put our experience to work for you.
Contact us today to learn more and get the answers you need.