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How long do you have to pay spousal support in California?

On Behalf of | Sep 19, 2024 | Divorce |

Spousal support is a financial obligation one spouse may have to the other after divorce. In California, the duration of spousal support depends on several factors, including the length of the marriage and the specific circumstances of each case.

If you are conscious of your financial future after divorce, you might understandably wonder how long you will continue to pay spousal support to your ex.

What is the duration of spousal support in California?

For marriages that last less than ten years, the general rule in California is that spousal support payments last for half the length of the marriage. However, this is not an absolute rule. The court may adjust the duration based on factors like the recipient’s ability to become financially independent or the payer’s financial situation.

For marriages that last ten years or longer, the court does not set a defined end date for spousal support at the time of divorce. Instead, these long-term marriages may result in spousal support that continues indefinitely, unless either party successfully petitions the court to modify or terminate the order. This does not mean spousal support will last forever. Instead, the paying spouse can request a review of the order when circumstances change, such as retirement, the recipient’s remarriage or the recipient’s ability to support themselves financially.

What factors determine the length of spousal support?

In both short- and long-term marriages, the court considers several factors when determining the length of spousal support. These factors include the age and health of both parties, the standard of living during the marriage, each spouse’s earning capacity and the contributions made by the recipient to the other’s career or education.

It is important to understand that spousal support in California is not intended to be punitive or permanent in most cases. The goal is to help the lower-earning spouse transition to financial independence. If that spouse reaches a point where they can fully support themselves, the court may end the spousal support order.

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