Does Length of Marriage Affect Divorce Settlement in California?

The decision to divorce, whether you’ve been married just a short time or for decades, is a difficult one. As you navigate through the process of dividing up assets and determining spousal and child support, you may wonder, “Does the length of marriage affect divorce settlement in California?”

Hire a Divorce Lawyer to Help You

The length of your marriage is significant when it comes to spousal support and dividing up assets, and navigating California divorce laws can be tricky. You will most likely have questions about your rights along the way. With over 25 years of legal experience, family law attorney Paula D. Kleinman is here to offer you the legal representation you deserve.

We understand how difficult these cases can be and are ready to fight for your rights. We can assist in working out a settlement or represent you in divorce court proceedings at the North County Regional Center in Vista, CA.

Marriage Length and Alimony in California

The court considers several factors when determining alimony payments and their duration. While both spouses’ financial stability and needs are considered, the most significant factor is the length of the marriage. When the court calculates whether a marriage is short-term or long-term, the time period begins on the day of marriage up until the day of separation.

• Short-Term Marriage. A marriage lasting less than 10 years may be considered a short-term marriage. In most cases, the family court will have jurisdiction over alimony enforcement for half of the length of the marriage. For example, if you were married for four years, the court can require alimony for two years. After two years, the court can no longer enforce payments.
• Long-Term Marriage. A marriage lasting for 10 years or longer is considered long-term. In these cases, the court could have jurisdiction indefinitely. It’s important to note that this does not mean alimony must be paid indefinitely.

Marriage Length and Property Division in California

Property division works a little differently from spousal support in California divorce cases. The biggest factor is not the length of the marriage, but the amount of marital property you’ll need to divide between you.

Assets include both real property and personal property, such as the following:

• Your home
• Bank accounts
• Investments
• Mortgage debt
• Loans
• Credit card debt

It’s important to know the difference between community property and separate property in a divorce in California. Separate property includes assets that you had before you were married, as well as gifts and inheritances, even if received during the marriage. These assets are not subject to property division.

There are very few exceptions to community property laws, and some assets may come as a surprise. Even if your pension or retirement plan is in your name, it may be considered community property if you started the plan after the date of your wedding.

Even though the divorce rates are falling in California, with only 5.8% of women divorced in 2022, once divorce proceedings start, both parties will have to disclose financial records and documentation showing the assets they own and the debts they are responsible for. Property division is an important part of the divorce process, so you should hire a divorce lawyer to make sure you get your equal share of community assets.

Protection Strategies

Protecting the assets that you are entitled to is a key responsibility of your Carlsbad divorce attorney, but you can do your part by keeping clear financial records and documentation. This documentation is an important part of the evidence used to distinguish between community and separate property during the divorce proceedings.

The average age for first marriages is higher than ever. For men, the age is around 31.1, and for women, it’s around 29.4, making it more likely that you will accumulate separate assets before getting married that may need protection.

It’s a good idea to avoid combining community assets with separate property. If you combine the two, it can result in your individual assets losing their individual property status, and, if you get divorced, those assets may have to be divided equally.

FAQs

Q: Does Length of Marriage Matter in Divorce in California?

A: Length of marriage does matter in divorce in California when it comes to spousal support. In many cases, the longer a couple is married, the longer support will last. Since California is a community property state, any assets or debts obtained during the marriage are split equally, regardless of how long the marriage lasted.

Q: Why Is Moving Out a Mistake in a Divorce?

A: Moving out is a mistake in a divorce because it could lead to extra financial burdens. After you leave the home, the court could order you to help pay household expenses, and possibly alimony and child support. Moving out of the house could also negatively affect your child custody claim if you have kids. It may limit the time you spend with your kids, which could affect custody decisions later.

Q: What Is the 10-Year Rule in Divorce in California?

A: The 10-year rule in divorce in California refers to the threshold that classifies a marriage as long-term. Once you’ve been married for over ten years, the lesser-earning spouse may potentially receive alimony indefinitely. Under California Family Code 4336, the court retains jurisdiction and can modify the settlement if needed.

There are exceptions to the 10-year rule. For example, if the spouse requesting alimony becomes self-supporting within a certain period, the court may not order permanent support.

Q: How Long Do You Have to Be Married to Get Half of Everything in California?

A: You don’t have to be married for a specific amount of time to get half of everything in California. California is a community property state, which means equal property division laws apply to couples regardless of how long they’ve been married. Even short marriages require an equal division of assets acquired during the marriage.

Contact a Trusted Divorce Attorney Today

If you want to know what rights you have and the benefits you should receive in your divorce based on how long you have been married, contact Paula D. Kleinman, A Professional Law Corporation. We can help protect your interests and guide you through the divorce process.