Legal Question in Family Law in California

Statutorily a marriage of 10 years or more is a long term marriage. The court must order the payment of spousal support until the court makes a finding that the supported spouse is able to be self supporting. The degree of self support must be comparable to that of the marriage or the supporting spouse. It would seem unlikely that 4 months would make a great deal of difference with most judges. Spousal support is to be determined by reviewing the need of the supported spouse, and the ability of the supporting spouse to pay support. This amount of support would be the same regardless of the length of the marriage. The difference would be how long the support is paid.

However, you should review this with an attorney in that area. There may also be other reasons that she wants the separation date after 10 years.

Mr. Johnson's answer is correct. I would just add that the ten year mark also affects continuing jurisdiction over support and the presumptions of how long support should last. Again, however, the judge has wide latitude to craft what he or she belives is an equitable result in keeping with the statutory guidelines.