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.
If you have any questions, please send me an email at lawofficeofbarrydwitt@gmail.com or you can find me at www.lawofficeofbarrydwitt.com
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