California Divorce 10 Year Rule: Long-Term Marriage Rights & Alimony

Not all marriages are treated equally under California divorce law. Once you cross the 10-year mark, everything from spousal support to court oversight can change. A family law lawyer provides clarity about a divorce after a long-term marriage.

If you’re facing a divorce after a long-term marriage, it’s important to understand how this rule works. Also, know what it does and doesn’t mean for your future.

What Makes A Marriage “Long-Term” In California?

Under California law, not all marriages are viewed the same when it comes to divorce, especially when it involves spousal support. The “10-year rule” draws a legal line that can impact how long support lasts and how the court treats your case moving forward.

Defined Under Family Code § 4336

California considers any marriage lasting 10 years or more to be “a marriage of long duration.” This isn’t just a label; it gives the family court continuing jurisdiction over the issue of spousal support indefinitely.

In other words, the judge doesn’t have to assign an end date to alimony at the time of divorce. The court can revisit and revise support years later if circumstances change.

It’s Not Just The Wedding Date

The 10-year count starts from your date of marriage to your date of separation, not when the divorce is finalized. If you separated at 9 years and 11 months, the court may not treat it as a long-term marriage.

That said, judges have discretion. If you’re just a few weeks shy of 10 years but circumstances support longer support, the court might still treat it as long-term. Context matters.

Impact On Support Duration, Not Entitlement

It’s important to know that crossing the 10-year threshold doesn’t mean you automatically receive permanent spousal support. What it does mean is that the judge isn’t required to set an end date.

Support may still end if the receiving spouse becomes self-supporting, remarries, or if a significant change in circumstances occurs. The 10-year rule simply keeps the door open longer for future modifications.

Long-term marriage status doesn’t guarantee lifelong alimony, but it gives the court more room to assess your future needs. If you’re nearing 10 years or just passed it, this rule can shape what comes next in meaningful ways.

5 Ways The 10-Year Rule Affects Your Divorce

Hitting the 10-year mark in a California marriage doesn’t just change the label. It changes how the court approaches alimony, retirement, and post-divorce oversight. Here’s how the 10-year rule can influence your divorce in real terms.

Spousal Support May Not Have An End Date

In short-term marriages (under 10 years), support usually lasts about half the length of the marriage. But once a marriage qualifies as long-term, the court is not required to set a termination date for spousal support.

That doesn’t mean support goes on forever, but it does mean the court can keep reviewing your situation over time.

The Court Keeps Jurisdiction Longer

Normally, courts lose the ability to make changes after a certain point. But with long-term marriages, the court keeps jurisdiction over support indefinitely. This is so unless both parties agree to a cut-off or a judge specifically orders one.

The ongoing oversight can be helpful if either person experiences a major life change, like illness or retirement.

Retirement & Pensions May Be Divided Differently

In long-term marriages, pensions and retirement benefits are often split more thoroughly. California treats retirement accounts as community property if earned during the marriage, but the longer the marriage, the larger the share that may be divided.

If you’re divorcing after 10+ years, expect a close look at 401(k)s, pensions, and other long-term assets.

Social Security Rights May Be Affected

If you were married for 10 years or more, you may be entitled to Social Security benefits based on your ex-spouse’s work record, without reducing their benefits.

This only applies if you remain unmarried and meet certain age requirements, but it’s an important benefit many don’t realize exists.

Modifications Stay On The Table

Because there’s no set end date, either spouse can return to court down the line to ask for an increase, decrease, or end to support, if life circumstances change significantly. This can be reassuring or stressful, depending on your role in the agreement.

The 10-year rule doesn’t dictate outcomes, but it opens the door to longer-term legal flexibility. Knowing how it works gives you more confidence in planning your next move.

What Judges Look For In Long-Term Marriages Support

Once a marriage crosses the 10-year threshold, judges apply a deeper level of scrutiny to spousal support decisions. While the legal standards don’t change, certain factors carry more weight when the court is considering long-term needs and fairness.

Here’s a breakdown of how the same factors might be weighed differently depending on the marriage length:

Support Factor	Short-Term Marriage (<10 Years)	Long-Term Marriage (10+ Years)
Self-Sufficiency Timeline	The court expects the supported spouse to become self-sufficient within a set time.	The court may allow more time for the supported spouse to become financially independent.
Standard of Living During Marriage	Considered, but not heavily emphasized.	Heavily considered; used as a benchmark for post-divorce quality of life.
Earning Capacity of Both Parties	Important, but temporary earning gaps may be overlooked.	The court closely compares earning gaps and considers long-term financial disparity.
Retirement and Age Factors	Usually not relevant unless the spouse is near retirement.	Often relevant; older spouses may receive or owe longer support due to limited earning years.
Career Sacrifices	May be noted briefly.	Strong emphasis if one spouse paused their career for family or supported the other’s career.

California Family Code § 4320 outlines the full list of factors courts must consider, but the length of marriage influences how each factor is applied. Judges in long-term cases often look more holistically at lifestyle, shared sacrifices, and the realistic ability of each person to move forward independently.

In long-term marriages, support decisions aren’t just financial, they’re personal. Courts take a broad view of fairness, not just monthly math, especially when one spouse relied on the other for years.

When Long-Term Doesn’t Mean Lifetime: What Can Change

Even with a long-term marriage, spousal support isn’t always permanent. California law allows for adjustments when life circumstances shift, sometimes dramatically. The key is proving the change and showing how it affects support.

Retirement Of The Paying Spouse

If the paying spouse reaches retirement age and stops working, they can petition the court to lower or terminate support. Judges evaluate whether the retirement is in good faith, not just a strategy to avoid payment, and look at both parties’ new financial situations.

In Orange County, courts commonly lower support after retirement but rarely end it immediately, especially if the receiving spouse still relies on it.

Increase In Recipient’s Income Or Self-Sufficiency

If the supported spouse finds stable employment, earns a higher salary, or no longer needs financial help, support can be reduced or ended. The burden is on the paying spouse to request the change and show that financial independence has been reached.

Courts may also review whether the recipient made a reasonable effort to become self-supporting since the divorce.

Remarriage Or Cohabitation

In most cases, remarriage automatically terminates spousal support. Cohabitation doesn’t end support by default, but it may be grounds for a reduction if shared expenses reduce the recipient’s need.

Judges will look at how serious the cohabiting relationship is, how long it’s lasted, and whether it significantly lowers the recipient’s financial burden.

A long-term marriage gives courts flexibility, not a promise. Life changes, and California courts are open to revisiting support when it makes legal and financial sense to do so.

Can You Waive Spousal Support In A Long-Term Marriage?

In California, it’s possible to waive spousal support in a divorce agreement, but doing so in a long-term marriage comes with strict scrutiny. Judges want to make sure the waiver is fair, knowing that the financial stakes are often higher.

Waivers Must Be Voluntary & Informed

To hold up in court, a spousal support waiver must be made voluntarily, with full awareness of the legal and financial consequences. Judges will look at whether both spouses had independent legal counsel during the agreement and whether they understood what they were giving up.

If one party didn’t have a family law attorney or felt pressured into the decision, the court may disregard the waiver entirely.

Courts Hesitate To Approve Unfair Waivers

Especially in long-term marriages, California courts are reluctant to approve waivers that leave one spouse in financial hardship. If the agreement appears one-sided or unjust, even a signed waiver may be ruled unenforceable.

Judges often ask:

• Was the receiving spouse financially dependent during the marriage?
• Did they give up career opportunities or retirement planning?
• Will they be able to support themselves now or in the near future?

If the answers point to lasting financial disparity, the waiver might be rejected, regardless of what’s on paper.

Post-Judgment Waivers Are Different

Sometimes, spouses waive support after the divorce is finalized, either through a settlement modification or a court order. Courts tend to accept these waivers more readily, especially if both parties have moved on financially and emotionally.

Even then, the court retains the right to review support again later, unless jurisdiction is explicitly terminated in writing.

Spousal support waivers can be valid, but they’re never automatic. In long-term marriages, courts take extra care to ensure both parties are walking away with a fair and informed outcome.

You Deserve A Future That Works, Not An Order That Lasts

Ending a long-term marriage in California comes with layers of emotional and legal complexity, especially when spousal support is involved. The 10-year rule may extend your options, but it doesn’t guarantee outcomes. That’s why strategy matters as much as the statute.

At Werno Family Law Solutions, we guide clients through long-term divorce cases with clarity, compassion, and honest advice. Whether you’re concerned about indefinite support, looking to modify an existing order, or unsure how the rule applies to your situation, we’re here to help you move forward with confidence.

If you’re facing divorce after a long-term marriage, let’s talk. Schedule a confidential consultation with Werno Family Law Solutions today, and build a plan that protects your rights, now and years down the road. Call us today at 714.942.5932.