One of the hot button issues in any divorce case is spousal support. Standard questions that might float through a party’s mind include, but are not limited to, “what party will pay support?”, “how much support will I pay/receive?”, and “how long will I pay/receive support for?” This blog will focus on spousal support duration and termination. For information regarding how spousal support is calculated, please review one of our other blog posts or call our office for more information.
In California, “except on 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.” (See California Family Code section 4336(a)(emphasis added.) Pursuant to Family Code section 4336(b), a marriage of long duration includes any marriage (from the date of marriage to the date of separation) lasting 10 years or longer. Therefore, in California, the court generally retains jurisdiction to make spousal support orders for marriages lasting 10 years or longer. Continue reading