Demetria Graves | September 15, 2025 | California Law / Spousal Support
In divorce proceedings, many wonder whether there’s a minimum length of marriage required to qualify for alimony. In California, there is no required duration of marriage for alimony. However, while any marriage can be eligible for spousal support, the duration of the marriage significantly influences how long alimony might last.
What Is Alimony?
Alimony, also known as spousal support, is a court-ordered payment from one spouse to the other after a divorce or legal separation. It helps the lower-earning spouse maintain financial stability and, when possible, continue a standard of living reasonably close to what was enjoyed during the marriage.
California recognizes two main types of spousal support:
- Temporary spousal support is awarded while the divorce is pending and is designed to cover living expenses until a final order is issued.
- Permanent or long-term spousal support may continue for a set period after the divorce, depending on the length of the marriage, each spouse’s earning capacity, and other factors.
Alimony is not meant to punish either party. Rather, it is intended to ensure fairness and help both spouses transition to life after marriage.
Short-Term Marriages Under 10 Years
Marriages lasting less than 10 years are generally classified as “short-term.” In these cases, a common rule of thumb is that alimony is awarded for up to half the length of the marriage. For example, if a couple was married for nine years, spousal support might extend for up to 4½ years.
However, this is a guideline rather than a rigid rule. Judges have discretion to shorten or extend spousal support based on a range of factors, including the financial needs of both spouses and their ability to pay support.
Long-Term Marriages of 10 Years and Beyond
California recognizes marriages that last for 10 or more years as “long-term” unions. There is a common misconception that 10-year marriages trigger permanent alimony payments. There is no automatic rule that support must continue indefinitely for these marriages.
Rather, judges evaluate long-term marriages under the same factors used for shorter marriages, but with the added ability to retain jurisdiction indefinitely. Lifetime support is not guaranteed; it remains discretionary and tied to demonstrated financial need, earning capacity, health issues, and other equitable considerations.
Other Considerations That Influence Alimony
Beyond the length of the marriage, judges assess numerous factors under California Family Code § 4320, including:
- The standard of living during the marriage
- Each spouse’s income, assets, and ability to pay
- Age, health, and earning capacity
- Contributions made during the marriage, including homemaking or career sacrifices
- Custody responsibilities, if applicable
- Prenuptial or postnuptial agreements that set alimony terms
Importantly, spousal support can be modified or terminated if one spouse experiences a material change in circumstances, such as a serious illness, a change in income, or if the supported spouse remarries or cohabits with another partner.
How a Pasadena Divorce Lawyer Can Help You Argue for Spousal Support
While California law provides guidelines for alimony, the outcome depends heavily on how each spouse’s situation is presented to the court. An experienced family law attorney can help you demonstrate your financial need by documenting your contributions during the marriage and challenging claims that you don’t require support.
A skilled lawyer can:
- Present evidence of the marital standard of living.
- Show how your career or education was sacrificed for the marriage or family.
- Highlight disparities in earning capacity and long-term financial outlook.
- Protect you from unfair claims of self-sufficiency or exaggerated income potential.
- Argue for modifications if circumstances change in the future.
If you’re going through a separation and are concerned about alimony, speaking with a family law attorney in California can help you understand your rights. Contact The Graves Law Firm for a confidential consultation to learn more about your options.
For more information, please contact our experienced family law attorneys at The Graves Law Firm for a consultation today. We’ll be happy to assist you.
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