Answer FileFamily Law

How long does spousal support last in California?

The answer, cited

For marriages under ten years, courts commonly order support for up to half the length of the marriage; for marriages of ten years or more, Family Code section 4336 treats the marriage as long-duration and the court retains jurisdiction indefinitely. Duration and amount are set from the factors in Family Code section 4320.

It depends on the length of the marriage and the factors in Family Code section 4320, earning capacity, marketable skills, contributions to the other spouse's career, age, health, the marital standard of living, and any history of domestic violence. For marriages lasting under ten years, courts commonly set support for a period up to half the length of the marriage, a working convention rather than a statutory rule. A marriage of ten years or more is presumed one of long duration under Family Code section 4336, and the court retains jurisdiction over support indefinitely, though that does not mean payments are permanent. Supported spouses are expected to become self-supporting within a reasonable time, and courts issue a Gavron warning to that effect under Family Code section 4330. Temporary support while the case is pending is calculated differently from the post-judgment order, and either spouse may seek modification when circumstances materially change.

Authority: Cal. Fam. Code §§ 4320, 4336

Source: Cal. Fam. Code §§ 4320, 4336 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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