San Jose Divorce Lawyer Discusses Long Term Marriage Spousal Support
Almost everyone remembers the divorce between Nicole Kidman and Tom Cruise. Tom ended his divorce with Nicole just a few weeks shy of their 10 year anniversary. Some say that he was slick for doing so and avoiding having to pay Nicole spousal support for an indefinite amount of time.
Under FamilyCode 4336, “except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.” The last part “long duration” has been long fought over because it is so ambiguous. Case law has established a “long duration” to be 10 years of marriage. The standard for support for a marriage of less than ten years is half the time of the marriage. This means that if a couple was married for 6 years, support would be granted for about 3 years.
The rub comes when the marriage is for longer than 10 years where one of the parties may have been kept from working or gaining any work potential. In these cases, the Court will have jurisdiction to continue support for longer than the usual “half the time that the couple was married” standard. The court takes into account many factors with a long-term marriage. Whether the party getting support can become employed, they’re standard of living and the supporting party’s ability to pay.
If you have a spousal support issue our team of experienced and talented family law attorneys handle all aspects of divorce, temporary and permanent spousal support, as well as all other family law cases. We have four Bay Area locations, including Redwood City, San Jose, Monterey, Sacramento and Fremont. We offer a free consultation, either in person or over the phone. Call today 1-800-941-6730 to schedule your free consultation with an experienced Fremont Divorce Attorney.