For marriages of 10+ years (long-term marriages)
Estimated Monthly Alimony
Based on California guidelines
Estimated Annual Alimony
Potential Duration
For marriages over 10 years, alimony may be indefinite
This calculator provides estimates based on common practices in California. Actual alimony amounts are determined by courts considering numerous factors. Consult with a qualified attorney for legal advice.
California Alimony Laws for Long-Term Marriages
In California, marriages lasting 10 years or more are legally considered "long-term marriages." This classification significantly impacts spousal support (alimony) determinations. For these marriages, courts have greater discretion in setting both the amount and duration of alimony payments.
Under California Family Code Section 4336, the court retains jurisdiction indefinitely over spousal support for long-term marriages unless the parties specifically agree otherwise or the court terminates support. This means the court can modify support orders as circumstances change over time.
Unlike shorter marriages where alimony typically lasts for half the length of the marriage, long-term marriages may result in indefinite support obligations until the recipient spouse remarries, either party dies, or the court determines support is no longer necessary.
Factors Affecting Alimony Calculations
California courts consider numerous factors when determining alimony for marriages over 10 years, as outlined in Family Code Section 4320:
- Earning capacity of each spouse to maintain the marital standard of living
- Contributions to the other spouse's education, training, career, or professional license
- Ability to pay spousal support, considering earning capacity, assets, and standard of living
- Needs of each party based on the standard of living established during marriage
- Obligations and assets of each party, including separate property
- Duration of the marriage (with special consideration for 10+ years)
- Age and health of both parties
- History of domestic violence
- Tax consequences to each party
- Balance of hardships to each party
- Goal of self-sufficiency within a reasonable period
While there's no strict formula for long-term marriage alimony, courts often start with a guideline of 30-40% of the higher earner's income minus 40-50% of the lower earner's income.
Modification of Alimony After 10+ Years
For marriages lasting over 10 years, alimony orders remain modifiable unless the parties have agreed otherwise in writing. Either spouse can request modifications based on "changed circumstances," which may include:
Grounds for Increase
- Significant increase in paying spouse's income
- Serious illness or disability of receiving spouse
- Loss of employment by receiving spouse
- Increased cost of living
Grounds for Decrease/Termination
- Receiving spouse's remarriage (automatic termination)
- Receiving spouse's cohabitation with new partner
- Significant increase in receiving spouse's income
- Retirement of paying spouse
- Financial hardship of paying spouse
The court retains jurisdiction indefinitely for long-term marriages, meaning modifications can be requested years or even decades after the initial order, provided there are legitimate changed circumstances.
Strategies for Long-Term Marriage Alimony Cases
When dealing with alimony in long-term marriages, both parties should consider these important strategies:
Documentation
Maintain detailed records of income, expenses, and standard of living during marriage. This evidence is crucial for establishing appropriate support levels.
Vocational Evaluation
Consider a vocational assessment to determine the lower-earning spouse's earning capacity and potential for self-sufficiency.
Gavron Warning
Courts may issue a "Gavron Warning" to the supported spouse, advising them to become self-supporting within a reasonable time.
Step-Down Provisions
Negotiate graduated reductions in support over time to encourage self-sufficiency while providing transitional support.
For marriages over 10 years, courts are particularly concerned with ensuring both parties can maintain a standard of living comparable to what was established during the marriage, while also encouraging financial independence when feasible.