Many California residents have been told of a "ten year rule"
which governs alimony payments. According to this rule, divorcees will
receive alimony permanently if they have been married for ten years when
they separate. In reality, there is no ten year rule in the state. The
California Family Law Code mandates that when marriage is of a "long
duration" then the court can retain jurisdiction indefinitely when
the divorce is completed.
This means that he court will have the ability to continue making decisions
about matters concerning the spouse sand can evaluate old orders and modify
them if the facts justify a change. Any marriage that is longer than ten
years in automatically considered to be one of a "long duration"
which is why the mythical ten year rule has been discussed in many divorce cases.
Interestingly enough, the court may mandate continued jurisdiction in a
marriage that didn't last ten years as well. There is not official
mandate that determines that only marriages that have lasted more than
ten years qualify. Even in lengthier marriages, the court considers both
spouses earning capacities and ability to maintain that income before
coming to a decision.
If both spouses are self-sustaining, the court may decide to forego their
ability to award alimony. You can talk to an attorney at the firm about
this today if you want to learn more. With the right attorney on your
side, you will be able to determine whether or not you should wait to
file for divorce or if this will not make a difference in the alimony
and child support that may be ordered. The courts evaluate more than just
how long a couple has been together when determining alimony. Court authorities
also look at the extent to which the parties contributed to the marriage
and their standard of living. Call Claery & Green today to learn more!