Legal Question in Family Law in California
Alimony and the 10 year rule
Regarding alimony: I'm unsure as to
whether the 10 year rule pertains to
the date of separation or the date
the divorce is final. If one files for
divorce prior to the 10 year
anniversary with the divorce being
finalized after, is this still a marriage
of lengthy duration? Does pension
hinge on the 10 year rule as well?
Thanks.
2 Answers from Attorneys
Re: Alimony and the 10 year rule
The 10 years is from the date of marriage to the date of separation. It is a guide rule only and is not hard and fast. If you are that close you should talk to an attorney. It could cost you a lot of money to make a mistake.
Re: Alimony and the 10 year rule
Ten years is not an absolute rule. It's one of the factors a judge takes into consideration in determining whether spousal support should be paid. You should consult with an attorney.
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