Does the length of a marriage affect the duration of spousal support?
In California, the length of a marriage does affect the duration of spousal support. California is a state that follows the “no-fault” divorce system, meaning that the length of the marriage is taken into account when determining the duration of spousal support. Generally, spousal support awards are based on the length of the marriage or domestic partnership. All marriages that are shorter than ten years are considered “short-term” marriages, and spousal support may be ordered for less than half of the length of the marriage. Generally, courts will order the payee to pay spousal support for half the length of the marriage if the marriage was between 10 and 20 years. If the marriage was more than 20 years in length, the court may award support for an indefinite period of time. The court also takes other factors into consideration when determining the length of spousal support. These factors include each party’s income, earning capacity, and educational backgrounds, as well as the couple’s standard of living during the marriage and any other general criteria deemed relevant to the case. Depending on the circumstances, the court can order support over and above the period specified based on these criteria. In California, the length of the marriage does affect the duration of spousal support, however, the length can be extended or shortened depending on the circumstances. Generally, the payee is expected to pay support for less than half of the length of the marriage if it was a short term marriage, and for at least half of the length of the marriage if it was a longer term marriage.
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