A party to a divorce or separation case in California may request that the court order support as part of a final divorce or separation decree. For a spousal or partner support award, one party petitions the court to request that the other party support him or her during the pendency of proceedings and after. But questions sometimes arise regarding how long these support awards last and the factors the court considers.
The length of a marriage is one of the primary factors that a court considers when fashioning a permanent spousal support award and determining a time period. Under California Family Code 4320, the court’s goal is that a supported party will be able to support themselves within a “reasonable period of time.” Generally that is considered to be one-half of the length of the entire marriage. So if a marriage lasted 8 years, a spousal support award may last for 4 years. This is not a requirement, however, under California law a judge can order that a spousal support award last for as long as the judge deems necessary.
There is an important exception. California Family Code Section 4336 deals with a marriage or partnership of a “long duration” (usually 10 years or more). In this case, the judge may not set an end date to the spousal or partner support and will retain jurisdiction for an indefinite period of time.
The calculation of the length of the marriage or domestic partnership is generally from the date of the marriage to the date of the separation. The date of separation is important when deciding issues of spousal or partner support. If the parties in a divorce or separation case can’t agree on the date of separation, the judge may have to decide the date for them. The judge may also consider periods of separation when determining if a marriage is of “long duration” under California law.
Spousal support usually ends on the date decreed by the court in the final order or judgment. It can also end when one of the spouses or domestic partners dies or when the person receiving the support remarries or registers a new domestic partnership.
As detailed above, spousal and partner support involves complicated legal issues and date complications. Arguments may need to be submitted to the court regarding dates of separation as these can have a significant impact on the amount of a support award. If you are facing divorce or separation proceedings you need a knowledgeable and experienced California divorce attorney to fight for your rights. Visit our website to learn more or call us today at (415) 293-8314 to set up a personal, confidential consultation.