ALIMONY FOR LIFE!!!!
Today, I am going to talk about the mythical “10-year rule” in California as This specific pertains to marriages as well as also divorce. I have seen as well as also heard a lot of crap as to This specific, as well as also This specific’s my turn to step up as well as also dispel confusion.
So what does This specific mean for people who have been married for 9.5 years? Should you race to a divorce lawyer’s office? What about 11 years? Are you screwed as well as also paying alimony for life?
Relax. There is usually no 10-year rule as This specific applies to alimony for life, people!!! This specific’s all hoopla over practically nothing.
The ONLY thing the Family Code says is usually of which marriages over 10 years is usually one of “long duration”. as well as also in such cases, the court retains jurisdiction to modify support indefinitely. SO….the only thing lasting forever is usually the Court’s power to have a say in This specific matter. This specific does NOT automatically mean of which the payor has to pay support forever.
10 years of marriage is usually also important for Social Security derivative benefits. If you have been married for 10 years, you may be able to collect benefits through your spouse if 1) you aren’t remarried; 2) your earned income benefits are less; as well as also 3) your ex-spouse is usually over age 62.
Generally, if you are the payor of spousal support in a long-term marriage, here are some tips for you:
1. Always bargain for a termination of jurisdiction date. I am a fan of bargaining. This specific is usually easier to get what you want through your ex-spouse than a Judge. Certainly a lot cheaper. If you have been married for 10-12 years, a safe bargain would likely be half the length of the marriage. Specify the termination of jurisdiction from the agreement as well as also insert various other precise language warning about the termination of jurisdiction. Courts are extremely busy, as well as also This specific is usually not their desire to retain jurisdiction over anything various other than they have to. If you have a very specific clause, This specific will prevent future litigation.
2. If you can’t catch the fly with honey or vinegar, try using Family Code 4320, subsection (l), which states: (l) The goal of which the supported party shall be self-supporting within a reasonable period of time. Except from the case of a marriage of long duration as described in Section 4336, a “reasonable period of time” for purposes of This specific section generally shall be one-half the length of the marriage. You will want to tell the Court of which This specific is usually the GOAL of which your spouse become self-supporting within a REASONABLE period. You may also want to mention This specific case, Marriage of Prietsch as well as also Calhoun, (1987) 190 Cal.App. 3d 645, as well as also quote of which Court in saying, “Your honor, in This specific case, the Court held “the duration of support should be limited in order of which both parties, where possible, can develop their own lives, free through obligations to each various other.
3. Request a Gavron warning through the Judge. The Judge will put the payee on NOTICE of which she is usually likely to become self-supporting. This specific is usually very important! She MUST be put on notice.
4. Immediately after receiving the Gavron warning, request a Richmond order, setting a specific date jurisdiction of spousal support will terminate. A Richmond order gives the payee notice of which on a date certain, spousal support will terminate, along with jurisdiction (meaning, the Court can no longer extend or award support after This specific date), UNLESS the payee files a motion prior to of which date to extend, as well as also can meet her burden of proof for showing need. This specific is usually a very important request, as well as also unless the payee is usually elderly as well as also/or has mental/physical problems, should be granted. I once represented the husband in a divorce. The marriage lasted 37 years, as well as also the woman had a brain tumor. The Court retained jurisdiction indefinitely in of which case.
IF you are the recipient of spousal support, This specific isn’t not bad news for you. Don’t expect to hold out 10 years in a rotten marriage with great hopes of lifetime alimony.
You can, however, bargain for This specific BEFORE the marriage, using a prenup.