SPOUSAL SUPPORT IN LONG TERM MARRIAGE

DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, brings you another informative and educational blog, responding to questions posed to him by members of the public in areas of Family Law and Divorce.

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: In California, will I have to pay more spousal support if I have been married to my wife for over a decade? I have been married to my wife for over 10 years. Since we live in California, will I be required to pay more in spousal support because of this?

ANSWER: I assume from your question that you are in the process of, or facing, a divorce. If there is no divorce or legal separation, you won't have a spousal support obligation.

Family Code Section 4336(a) provides that except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

Family Code Section 4336(b) provides that for the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of the separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determing whether the marriage is in fact of long duration. A court could even, under certain circumstances, determine that a marriage of less than 10 years is a marriage of long duration.

You can limit the duration of spousal support if you and your wife stipulate in writing during the divorce, or orally stipulate on the record in the divorce court, to a specific limited duration of spoual support.

Family Code Section 4320 addresses circumstances to be considered by the Court in ordering spousal support, and the duration of the marrige is one of the many enumerated factors that the Court would consider. The primary impact of the duration of the marriage would be on the court's determination of the duration of spousal support, rather than the amount of spousal support. In a short term marriage, spousal support is ordinarily awarded for 1/2 the duration of the marriage. In a long term marriage, spousal support is ordinarily awarded until the payee's death or remarriage. Other factors may come into play, so you would best consult with a competent Family Law Attorney about the particulars of your matter.