Demetria Graves | January 2, 2026 | Divorce
Divorce can be one of the most difficult experiences in a person’s life, both emotionally and financially. When a marriage lasts 10 years or more in California, specific legal rules apply that can significantly impact the outcome, including in areas such as spousal support and retirement benefits.
If you’re facing divorce after a long-term marriage, knowing what the so-called “10-year rule” is and how it works can help you better prepare for what lies ahead.
The 10-Year Rule Explained
The 10-year rule refers to a specific California Family Code provision, Section 4336, that addresses spousal support (also known as alimony) in long-term marriages. Under this law, a marriage lasting 10 years or longer is considered a marriage “of long duration.”
This classification is significant because it affects the duration of spousal support orders. In shorter marriages, support typically lasts for about half the length of the marriage. In a long-term marriage, however, the court retains jurisdiction indefinitely. This means a judge can continue or modify spousal support for as long as necessary, based on the parties’ circumstances.
Importantly, however, this doesn’t guarantee lifelong payments. It simply allows the court to revisit the issue over time rather than setting a fixed end date at the time of divorce.
How the Rule Affects Spousal Support
Spousal support in California is based on several factors, including each spouse’s income, earning capacity, and standard of living during the marriage. When the 10-year rule applies, the court may consider:
- Whether one spouse gave up career opportunities to support the family
- The age and health of both parties
- The recipient spouse’s ability to become self-supporting
- The paying spouse’s ability to afford continued support
- Any history of domestic violence
Since the court maintains long-term authority in these cases, the paying spouse can later ask to modify (or end) their support if circumstances change. Similarly, the recipient spouse can request an extension if they are still unable to support themselves.
Impact on Retirement and Social Security Benefits
It’s important to note that Social Security eligibility is governed by federal law and is separate from California’s 10-year rule for spousal support. California is a community property state, meaning each spouse generally has a right to half of any retirement savings accumulated during the marriage.
A divorced spouse may qualify for Social Security benefits based on their ex-spouse’s work record if various conditions are met. These include:
- The marriage lasted at least 10 years.
- The spouse applying for benefits is unmarried and 62 or older.
- The spouse is not eligible for old-age or disability benefits if the primary insurance amount is equal to or greater than the full spousal benefit.
These financial provisions can also make the 10-year mark an important consideration for couples nearing divorce. If you’re in this situation, getting legal advice as soon as possible may be one of the best steps you can take.
Contact a Pasadena Divorce Lawyer at The Graves Law Firm Today for a Consultation
The 10-year rule can have lasting effects on your financial security after divorce in multiple areas. Regardless of whether you are the spouse requesting support or the one being asked to pay, understanding how this rule applies to your case is essential.
If you’re considering a divorce in California, schedule an initial consultation with The Graves Law Firm. A qualified Pasadena divorce lawyer can help you protect your finances and work to ensure a fair resolution that maintains your interests as well.
The Graves Law Firm Pasadena
1055 E Colorado Blvd #500a, Pasadena, CA 91101
(626) 365-1037
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