If you are getting divorced, you probably have concerns about how alimony (sometimes known as spousal support) functions and your options. Continue reading to learn the reality about “alimony for life” and the “ten-year rule,” or call Law Office of Michael L. Fell at 949-585-9055 to speak with a divorce lawyer for a free consultation.
What does the “ten-year rule” mean?
The “ten-year rule” refers to a set of guidelines that only applies to marriages that have lasted at least ten years. In the event of a divorce, one spouse may be eligible for lifelong alimony. While this does occasionally happen, it is untrue to say that all or even most divorces in California fall under this category. Why? because alimony is determined by a variety of other variables in addition to the duration of the marriage.
The myth’s inception
It is simple to understand where this misconception originated. Marriages of “extended duration,” which the California Family Code further defines as lasting ten years, are mentioned in one section of the Code. While the Code does permit alimony to be paid “for life” to a spouse who has been married for at least ten years, it does not apply to all marriages, and the phrase “for life” is inherently deceptive.
There are methods to avoid the rule
Spouses have a wide range of possibilities for getting around the law. For instance, with the assistance of the attorneys, they can decide on their own alimony guidelines and draft a legal agreement. Or if there is a change in circumstances, such as remarriage or the birth of a new child, a judge may decide to end alimony at a later time.
When determining alimony, the courts take many factors into account
Even in long-lasting marriages, the courts do not automatically grant alimony. If the spouses are unable to agree on spousal maintenance, the court will decide on it by taking into account a number of considerations. They will consider the length of the marriage, the contributions made by each spouse to the union, the wages of each spouse and their potential for future earnings, the distribution of property and assets, and the level of living that was created during the marriage.
Do you have any questions regarding your particular case?
The greatest thing you can do if you are providing spousal support or are receiving it is to speak with a lawyer who can assist you in your particular situation. Call the Law Office of Michael L. Fell at 949-585-9055 right away, and we’ll be glad to start the process with a no-obligation legal consultation.