Nobody ever expects their marriage to end in divorce. Going through a divorce can be one of the hardest things you endure in your life, but it is very important that you take the proper steps to protect yourself during the divorce process. One thing you need to consider is whether you are going to pursue alimony from your spouse. You may be wondering: How long do you have to be married to get alimony in California? The answer may surprise you.
How Long Do You Have to Be Married to Get Alimony in California?
In California, there is no specific time you have to be married to get alimony. While the length of the marriage is considered when the court makes a decision about the length of time alimony will be paid, it does not solely determine whether a spouse is awarded alimony. You can pursue alimony no matter how long or short the marriage was. The amount you receive in alimony can have a significant impact on your life moving forward.
There are two main types of alimony, or spousal support, that you can pursue in the event of a divorce: Temporary spousal support and permanent spousal support. Whether you receive alimony or have to pay it to your spouse will be determined by the judge presiding over your case. It is important that you understand each type of alimony so you are better prepared for your case:
- Temporary Spousal Support: Temporary spousal support is intended to support the spouse who earns less during the divorce process. You can ask the court for temporary support as soon as the divorce process starts. Depending on your situation, you may be in immediate financial need due to the sudden loss of additional family income. The judge will decide the amount based on multiple factors, including:
- The monetary needs of the spouse who earns less.
- The higher-earning spouse’s ability to pay alimony.
Depending on how you fare in the divorce, the judge may decide to extend your temporary spousal support or just grant you permanent spousal support.
- Permanent Spousal Support: The longer a marriage lasts, the higher the likelihood you will either receive or be ordered to pay alimony. Generally, permanent spousal support is paid until the supported spouse remarries or dies or until circumstances change significantly for the supported spouse.
Factors That Are Considered in an Alimony Agreement
Alimony is never a guarantee when a marriage ends. It tends to only be awarded when necessary, such as when one spouse earns significantly more than the other or the marriage lasts a very long time. It is important to understand the factors that go into a judge’s consideration to grant you or your spouse alimony payments for the foreseeable future:
- Duration of the Marriage: Indefinite spousal support is considered if your marriage lasts at least 10 years. By the time a long-term couple has decided to divorce, there is a chance that one spouse may be totally financially dependent on the other and in need of financial assistance while they work toward gaining their independence. Alimony can help the lower-earning spouse find their footing on their own again.
- Ability To Pay: If one spouse earns significantly more than the other and controls property or assets, the court may assume they possess the ability to easily pay their ex-spouse alimony with no serious financial detriment to them.
- Child Care: In a divorce, deciding on child custody can be a difficult battle all on its own. If a spouse has taken time away from the workforce to take on the role of a stay-at-home parent, they will likely be awarded alimony to make up for a significant gap in their work experience that could make it more difficult to find immediate work.
- Lifestyle During the Marriage: Your standard of living while married may be a significant factor when determining alimony payments, as the judge may want to ensure both spouses can maintain the same or a similar lifestyle during and after divorce.
FAQs
What Qualifies You for Alimony in California?
Ultimately, the only thing that qualifies you for alimony in California is whether the judge presiding over your case feels you need it. It is their job to decide on a fair and equitable solution for both parties. If your marriage was long-term, there is a higher chance you will be awarded alimony.
What Is the 10-Year Marriage Rule in California?
In California, the 10-year marriage rule refers to the increased likelihood of a judge granting long-term alimony in a divorce if the marriage lasted at least 10 years. Indefinite alimony may last as long as the lower-earning spouse needs support and the paying spouse is capable of paying. The court generally assumes that it will take the lower-earning spouse longer to find steady work and become self-sufficient.
How Long Does Your Marriage Need to Be to Get Spousal Support in California?
California does not have a minimum amount of time you need to be married in order to start receiving spousal support in the event of a divorce. However, the length of the marriage is significant in the court’s decision of how long to grant alimony. For marriages that lasted less than 10 years, alimony may only last for half the length of the marriage.
How Long Does Your Marriage Need to Last to Get Half of Everything in California?
Since California is a community property state, it does not matter how long you were married. Under state law, you are entitled to half of the marital property in the event of a divorce, no matter how long the marriage lasted. This includes any assets or debts that were acquired during the marriage.
Reach Out to an Experienced Divorce Lawyer
Pursuing alimony can be a tough process, especially if you are unaware of what you have to do to receive alimony or avoid paying it to your spouse. You should consider retaining the services of an experienced Orange County divorce lawyer who can inform you of California’s alimony laws and restrictions. The legal team at The Dorie A. Rogers, APC, can be there for you during your divorce and help you figure out exactly what you want. Contact us to speak with a team member today.
