Monday, September 12, 2011

Long-Term Marriages in California


Under California law, ten-year plus marriages are presumed to be “lengthy” marriages or marriages of long duration for the purposes of spousal support.  By default, according to California family Code 4336, a marriage 10 years or more the court will retain jurisdiction over the spousal support issue unless you agree to something else your marital settlement agreement. 



During the marriage if there is an interim separation and then a reconciliation the court may consider these periods when they determine whether the marriage is of a long duration.  However, the court will still consider factors under California Family Code 4320:  the earning capacity of each party; the marketable skills of the supported party; how the parties earning capacity was affected by the parties previous domestic duties during the marriage, contribution to education, ability to pay, earning capacity, obligations and assets (including separate property), standard of living, duration of the marriage, ability to seek gainful employment, age and health of the parties, domestic violence, tax consequences, balance of hardships, other factors which the court finds just and equitable.  

The court will have ultimate discretion on determining the factors above.  


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