How Long Does Spousal Support Last in California?

By the FigureMyTax Editorial Team · How we calculate

In California, a reasonable period for spousal support generally is one-half the length of the marriage, unless the marriage is of long duration. A marriage of 10 years or more, from marriage to separation, is presumed to be of long duration, and the court then retains jurisdiction indefinitely.

The one-half benchmark

Under Family Code 4320(l), the court considers the goal that the supported party become self-supporting within a reasonable period of time. Except for a marriage of long duration, a reasonable period of time generally is one-half the length of the marriage. Nothing in the section limits the court’s discretion to order support for a greater or lesser length of time based on the other circumstances (Family Code 4320).

Marriages of long duration

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 separation, is a marriage of long duration. The court may consider periods of separation during the marriage in deciding whether the marriage is in fact of long duration, and it can find that a marriage of less than 10 years is of long duration. Unless the parties agree otherwise in writing or a court order terminates support, the court retains jurisdiction indefinitely (Family Code 4336).

What “retains jurisdiction indefinitely” means

It means the court keeps the power to order, modify or end spousal support later; it does not mean support lasts forever. Section 4336(c) says nothing in the section limits the court’s discretion to terminate support in later proceedings on a showing of changed circumstances.

Examples

The benchmark and the 10-year presumption applied to some marriage lengths, measured to separation:

The benchmark is a starting point. The court can order more or less based on the other circumstances, and the California spousal support calculator does the date arithmetic for you.

When support ends earlier

Unless the parties agree otherwise in writing, the obligation to support the other party ends on the death of either party or the remarriage of the other party (Family Code 4337). If support was ordered for a contingent period, the obligation ends when the contingency occurs.

Questions for the negotiation

If you are negotiating support, decide whether it should end on a date, whether the court should keep jurisdiction, and what events should end it beyond death and remarriage. A written agreement can change the defaults, so it should say clearly what the parties intend about duration, modification and termination.

Questions for an attorney

Ask which side of the 10-year line your marriage falls on when measured to separation, whether periods of separation affect that, what the Section 4320 circumstances look like on your facts, and whether a written agreement should set an end date or waive jurisdiction.

Frequently asked questions

Official sources

• Family Code 4320: circumstances considered
• Family Code 4336: marriage of long duration
• Family Code 4337: termination on death or remarriage

This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.