Society, religion, and even Republicans tell everyone that marriage is a good thing and we should all strive to work things outs in hopes of saving a marriage. However, the California Family Code is not so supportive of the couple who tried to work things out and but still ends up in divorce. The major bread winner of the marriage may have to pay the ex-spouse spousal support (sometimes called alimony) after a divorce. While the amount and length of spousal support can be negotiated, the California Family Code gives a guideline of half the length of marriage.
Therefore, if a marriage on the rocks managed to survive another two years before it ended, then the spouse paying alimony may have to shell out an additional year of spousal support for their efforts. Not a great motivation to make the marriage work.
It gets worse. Once a marriage is over ten years, the marriage is considered long term and there is a presumption that spousal support should go on indefinitely.
So if you are in your ninth year of marriage and things are just not working out, it might be financially prudent to file for divorce before that tenth anniversary, just in case. You can always reconcile later and get remarried. A second wedding sure beats $25,000.00 in spousal support.
Our team of San Jose divorce attorneys are very experienced in addressing all of the issues that come up during a divorce, such as community property division, spousal and child support, and custody and visitation. We also have offices in Fremont and Monterey for any issues that arise during a divorce in Alameda County or Monterey County.