How Long Does Spousal Support Last In California?

Short Answer: The longer the marriage, the longer spousal support may last.

The courts strongly encourage supported spouses to become self-supporting. Spousal support typically lasts for what is considered the reasonable amount of time it would take for the supported spouse to become self-supporting. However, it is assumed that the longer you were married, the longer becoming self-supporting will take. 

The judge will consider the “Ten Year Rule”. The “Ten Year Rule” states that for marriages that lasted 10 years or less (Short-term marriage), spousal support will last the half of the length of the marriage. So, if your marriage lasted 4 years, support will last 2 years. If your marriage lasted 8 years, then support will last 4 years.

However, if your marriage lasted longer than 10 years (Long-term marriage), then there is no assumption on what is a reasonable length of time, meaning spousal support lasts for however long the supported spouse needs the support and the other spouse has the ability to pay.

How Does The Court Determine The Amount and The Length Of Spousal Support?

When ordering spousal support during the divorce process (temporary support), the courts tend to rely on the “guideline” amount. Guideline support is a formula adopted by counties in California which states the support amount is a percentage of the paying spouse’s net income minus half of the supported spouse’s net income. If there are minor children involved, and child support is also an issue, then the guideline spousal support will be calculated after child support.

On the other hand, permanent spousal support is determined using a set of factors, called the “4320 Factors“. The 4320 Factors the judge considers when determining permanent spousal support are:

• How long you were married
• Your and your spouse’s age and health
• Your and your spouse’s incomes 
• What you’re earning capacity, or what you capable of earning even if you are unemployed. Earning capacity is your set of skills and education, and the job market for those skills. The court also considers whether the supported spouse would need to gain additional skills and education, plus the time and cost it would take to achieve those skills or education.  
• The marital standard of living (your lifestyle during the marriage).
• Each spouse’s amount of debt and assets (property).  
• Whether one spouse helped the other gain education, advance in their career, get other training.
• How much the supported spouse would need to maintain the marital standard of living AND the paying spouse’s ability to pay that amount. 
• The impact of tax laws on spousal support 
• Any history of abuse during the marriage
• How caring for children, if any, impacted your careers.
• Whether, and how employment would impact the children.

When you are asking for support, you should make sure you have an answer for each of the factors. FL-157 is a form you can attach to your Request for Order that you can use to answer the 4320 Factors.

But Can Spousal Support Ever End?

Yes. Spousal support can end when one of the following happens: 

• You and your spouse have a written agreement, signed by a judge, that states the date spousal support will end. Some agreements have a hard and fast date, while others have what is called a “step down” provision. This means support will decrease over time. 
• The court makes an order that terminates, or ends, spousal support. This usually occurs when one of the spouses, often the one paying support, makes a request for order. 
• The supported spouse remarries.
• Either the paying spouse or the supported spouse dies.

Can A Long-Term Spousal Support Order Be Changed?

Yes. There are two ways you can change your long-term (permanent) spousal support order/

1. If you and your spouse can come to an agreement, then both of you will sign a written agreement and submit it for the judge’s signature; or
2. If you cannot come to an agreement, the spouse requesting the change must show there has been a significant change in circumstances that requires a change in the amount of spousal support given or received.

You may have questions or maybe your need assistance in requesting or modifying a spousal support order. Contact 4WheelJD™ for a consultation.