|
|
Last Modified on Nov 15, 2026
California spousal support hub / Marriage length and duration
By H. William Edgar, California family law attorney at Edgar & Dow.
A marriage lasting 10 years does not automatically produce lifetime alimony in California. The 10-year rule primarily concerns whether the marriage is presumptively of long duration for purposes of retaining the court’s authority over spousal support. It does not establish a monthly amount, guarantee an award, or prevent later modification.
For a marriage near the 10-year mark, the important questions are the correct separation date, the parties’ financial circumstances, and the wording of the proposed judgment. Those issues deserve more attention than the assumption that one anniversary decides everything.
The statute uses 10 years or more, not more than 10 years
Family Code section 4336(b) establishes a presumption that a marriage of 10 years or more, measured from the date of marriage to the date of separation, is of long duration for retaining support jurisdiction. The court may consider periods of separation during the marriage. It may also determine that a marriage shorter than 10 years is of long duration.
The threshold therefore is not a rigid boundary between “no rights” and “support forever.” It is a statutory presumption operating within a broader analysis. A nine-year marriage is not automatically excluded from long-duration treatment, and a 10-year marriage does not eliminate consideration of the actual circumstances.
Use the correct dates and describe the relationship accurately. Our long-term marriage article addresses how the classification is determined, including disputed separation dates and periods of reconciliation.
The separation date can matter more than the divorce date
The 10-year calculation ordinarily runs to separation, not to the day the judgment is entered. A case may remain pending for a substantial period after the marital relationship has ended. That litigation period does not automatically extend the marriage for section 4336’s calculation.
Section 70 defines separation by a complete and final break, evidenced by expressed intent to end the marriage and conduct consistent with that intent. The court considers all relevant evidence. Moving out, remaining under one roof, filing papers, or attending counseling may be evidence, but a single fact should not be treated as a universal rule.
If the date is disputed, assemble a chronology supported by communications, living arrangements, financial conduct, and other relevant facts. Do not assume that delaying a filing or a judgment necessarily changes the legally significant date.
Retaining jurisdiction preserves authority, not a payment guarantee
Under section 4336, absent a contrary written agreement or an order terminating support, the court retains jurisdiction indefinitely in a long-duration marriage. That allows the court to address support later when the governing requirements are met.
The court may order current support, reserve the issue without current payments, or make another appropriate ruling based on the evidence. A reserved issue can remain important even where both spouses currently support themselves. It does not mean either spouse will automatically obtain money in a future proceeding.
Conversely, an agreement or order terminating jurisdiction can have lasting consequences. The length of the marriage does not ordinarily allow a spouse to ignore the final language later. Our reserved-support guide explains the difference between preserving authority and terminating it.
The amount still depends on section 4320
Section 4320 requires the court to evaluate the parties’ earning capacities, needs, assets and obligations, marriage length, age and health, tax consequences, hardships, and other circumstances. Ten years does not trigger a special percentage of income.
Two marriages of the same length can present very different support issues. In one, both spouses may have comparable income and substantial resources. In another, one spouse may have spent years outside paid employment caring for children while the other developed a higher earning capacity. The court must evaluate those differences.
Prepare the amount request separately from the jurisdiction argument. Explain the proposed payment, its financial basis, and the evidence supporting the transition to self-support. A long-duration classification does not supply missing income or expense evidence.
The half-length measure does not control a long-duration marriage
Section 4320(l) generally describes one-half the marriage length as a reasonable period to become self-supporting outside long-duration marriages. It expressly excludes long-duration marriages from that general measure and preserves discretion based on the circumstances.
Accordingly, a 10-year marriage does not create an automatic five-year award, any more than it creates automatic lifetime support. The appropriate duration requires analysis. Our half-length article explains why the statutory language should not be treated as a countdown.
Self-support remains a goal, but its timing must be realistic. Age, health, employment history, available work, training needs, and childcare responsibilities can affect what is reasonable. The court should evaluate those facts rather than substitute an anniversary-based assumption.
A future cutoff needs an evidentiary basis
In re Marriage of Morrison (1978) 20 Cal.3d 437 is a leading decision addressing the danger of terminating support jurisdiction after a lengthy marriage based on unsupported assumptions about future self-support. The court’s authority should not be ended merely because the judge hopes the supported spouse will become independent by a selected date.
That principle does not require every long-duration case to remain unchanged indefinitely. It requires attention to the evidence supporting a proposed termination and the consequences if future assumptions prove wrong.
A vocational assessment, actual employment, available assets, and other reliable information may help evaluate the issue. A proposed review date may address uncertainty differently from an irrevocable jurisdictional cutoff. The distinction should be understood before an agreement is signed.
Later changes can still justify modification or termination
Section 4336(c) preserves the court’s discretion to terminate support in later proceedings on a showing of changed circumstances. A long-duration marriage is therefore not a permanent shield against a supported modification request.
Retirement, changed earnings, increased resources, cohabitation, or other developments may require analysis under the applicable law and the existing agreement. None should be treated as an automatic result without examining the order and evidence. Our modification article explains the process.
The paying spouse should not stop payments simply because enough time has passed. The supported spouse should not assume that the original amount can never change. Both should preserve records of the circumstances relevant to the existing and requested orders.
Review the settlement as a complete bargain
Before accepting a support provision after a 10-year marriage, identify the amount, duration, modification terms, termination events, and jurisdiction provisions. Consider how the property division and expected income affect each spouse’s position.
A waiver, a nonmodifiable payment period, and an indefinite reservation of jurisdiction allocate future risks differently. The monthly number alone does not explain the bargain. Tax treatment and any security provisions may also affect its value.
The useful question is what the proposed order will permit and require under the facts of this marriage. The 10-year rule is an important part of that analysis, but it is only one part.
Discuss your spousal support case with Edgar & Dow
A useful consultation starts with the existing orders, current financial records, and the decision that needs to be made. Edgar & Dow represents clients in California family law matters. Contact our office or call 951-684-6885 to discuss your situation.
Related spousal support articles
Return to the California spousal support hub.
Related
