Q: I am getting divorced because my husband cheated on me after 15 years of marriage. My friend says that I am entitled to California spousal support for life because I have been married for more than ten years. Is this true?
It is a myth that being married for ten years or longer entitles a spouse to long-term spousal support. In fact, there is no guarantee that you will receive spousal support for any period of time.
California Family Code §4336 defines a marriage of long duration as a marriage lasting ten years or longer. Family Code §4336 gives the court jurisdiction in the matter of spousal support for marriages of long duration. This means a judge will decide whether you are eligible for spousal support, how much spousal support will be awarded, and the duration that payments will be made.
When determining the amount of spousal support and the duration of that spousal support, the court will consider a number of factors, including your income, your spouse’s income, your marketable skills, your age, your children’s ages, your health, the duration of your marriage, and your plans to become self-supporting. The court may also terminate spousal support if the judge believes that you are not making a good-faith effort to become self-supporting.
You may have to fight for California spousal support. Our San Francisco divorce attorneys are on your side. Our women-only family law practice is dedicated to helping women get a fresh start after divorce. To learn how we can help you, contact The Law Offices of Paul H. Nathan at 415-341-1144.