Legal Question in Family Law in California

Re: Sposal support

The Ten Year Rule is not a magical number that states that a court will automatically award spousal support with indefinite duration. The duration of support would be determined, based on the circumstances of each case. However, ten years is important, since it may affect the court's ability to revisit the issue of spousal support again, and reissue or change the amount of support - ABSENT any agreements between the parties regarding this matter.

California law specifically states that "Except upon 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." Cal. Fam. Code �4336(a).

Retaining Jurisdiction: in this aspect means the courts ability to reexamine its' initial order of spousal support, modify it, extend its' duration, or reissue it.

Long Duration: Any marriage that is longer than Ten-years is presumed "lengthy." However, under limited circumstances even shorter marriages may be deemed "lengthy." The courts have discretion to determine--without the aid of a presumption -- that shorter marriages are "lengthy." [See Marriage of Heistermann (1991) 234 Cal.App.3d 1195 - retention of jurisdiction rule "can, under proper circumstances, apply equally to a medium length marriage" (8-year, 11-month marriage)].

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Re: Sposal support

The basic presumption for a short term marriage (under 10 years) is spousal support (if applicable) would be payable for half the length of the marriage. For a long term marriage (10 years), spousal support is presumptively indefinate.

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