The Importance of The 10 Year Mark in California Marriages

Have you been in a marraige longer than 10 years? California defines a marriage of 10 years or more as a marriage of long duration, meaning that the court will have continuing jurisdiction over the issue of spousal support, compared to a short-term marriage of less than 10 years where someone entitled to spousal support will generally only receive it for one-half the length of the marriage.

People that have been married for 10 years or more in California have the potential right of being paid alimony payments and spousal support for as long as he or she needs it, if they are in a weaker financial position than their ex. It is also important to note that this payment continues for as long as the other spouses are able to pay.

The situation is going to play an important part in the benefits of spousal support that you receive after having had a marriage of more than 10 years. The best case scenario is often for both parties to mutually decide that the spousal support shall  be paid over a particular time period and then terminated, if it makes sense to the party receiving such support. It is also an option for one party to be waive their right to spousal support and adjust it and the rate at which it needs to be paid at a later date.  It is very important to understand your legal rights and obligations concerning spousal support and highly advisable to seek legal advice and counsel on this issue before ever making any decision.

Also, although generally the issue of Social Security benefits is not one handled in divorce cases, it is important to at least understand that the Social Security administration also takes longer duration marriages into account regarding benefits.  In addition, depending on the earnings that your former spouse makes, you will be eligible to receive the Social Security benefits once you reach your age of retirement.  Another advantage that you may receive is derivative benefits based on what will be able to collect because these are based on his/her earnings over the course of their career.

Gerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.