How Long Do You Have to Be Married to Get Alimony in California? 2025

Alimony, also called spousal support, is the payment one spouse may have to make to the other during or after a divorce. The first question most likely asked by couples who are divorcing is, “How long do you have to be married to get alimony in California?” While there is no one-size-fits-all, the California legislature considers the marriage’s length and other variables when deciding who qualifies and how long support will be paid.

What Is Alimony in California?

Alimony (spousal support) is money paid from one spouse to the other during or after a divorce that is determined by the court. It aims to maintain the lower-earning partner at an equal level after a divorce. California has two forms of spousal support: temporary support for the financial support needed while the divorce is underway and long-term support, which can be paid when the divorce is over. The court considers need, inequality, and other factors carefully to determine how much and for how long these payments will last.

Temporary vs. Permanent Alimony

In California, alimony can be either temporary or permanent. In some cases, temporary alimony is paid during the divorce in order to ensure the lower-earning spouse is not financially incapacitated until the judgment is passed. Permanent alimony is determined in the final divorce decree and is based on the recipient spouse’s ability to support themself financially over the long term.

This support, even though it is “permanent,” can be changed or canceled in the case of significant societal shifts, including remarriage or better financial independence.

Minimum Marriage Duration for Alimony Eligibility

There is no strict minimum length for a marriage to be eligible for alimony in California. Yet, the length of the marriage weighs heavily in the court’s decision. Alimony is generally temporary for marriages shorter than 10 years and is paid for approximately half the duration of the marriage. In marriages lasting 10 years or more (so-called “long-term marriages”), spousal support can extend indefinitely, depending on the circumstances.

Factors That Determine Alimony Awards

The court considers various factors when awarding alimony. These factors are subject to the unique circumstances of your case. You can ask a family law attorney to clarify how these considerations impact your situation.

• Marital length: Longer marriages are more likely to lead to extended support.
• Earning Capacity and Financial Resources: The court looks at each spouse’s income, earning potential, and financial obligations.
• Life Expectancy: The court seeks to maintain an equal standard of living for both spouses in the marriage.
• Age and Health: The spouse’s age and health can influence their ability to provide for themselves.

Alimony For Short-Term Marriages (Less Than 10 Years)

Spousal support is usually paid for a short period of time, typically half the length of the marriage, in a marriage less than 10 years. For instance, if one couple had been married for six years, alimony could last three years. The objective is to provide short-term support while the less-earning spouse becomes self-reliant. Short-term marriages are rarely approved by courts, so make sure you can make an argument for permanent support if you feel you require it.

Alimony For Long-Term Marriages (10 Years or More)

Divorces 10 years and older are considered “long-term” as defined in California Family Code Section 4336. In these situations, there may be no set date for spousal support, so the length of the payment is not fixed. Courts routinely revisit alimony orders to assess whether the receiving spouse remains in financial need. An experienced family attorney can protect you, whether you are seeking or arguing for long-term spousal support.

FAQs

Q: Is There a Minimum Length of Marriage Required for Alimony in California?

A: No, there is no minimum marriage length to qualify for alimony in California. However, shorter marriages often result in limited-duration support, while long-term marriages (10 years or more) may lead to extended or indefinite spousal support. The court considers multiple factors to determine eligibility and duration of payments, including financial need and the standard of living during the marriage.

Q: How Is Alimony Calculated in California?

A: California has no standard formula for calculating alimony for permanent support. Rather, courts take into account the wages of both partners, financial responsibilities, age, health, and living conditions during the marriage. Temporary alimony awarded during a divorce can be computed using a general formula, but awards are determined on a case-by-case basis.

Q: Can Alimony Be Modified or Terminated?

A: Yes, spousal support orders can be modified or terminated if circumstances change significantly. Support may be terminated, for instance, if the receiving spouse remarries. A paying spouse can request a change if their income is reduced significantly. A family law attorney can help file motions to modify alimony in light of new financial or personal circumstances.

Q: How Does Cohabitation Affect Alimony in California?

A: The court may reduce or stop spousal support if the receiving spouse starts living with a new partner. The state of California assumes that moving in with a new partner helps to decrease the incoming spouse’s need. This is not automatic, however, and the paying spouse must request a review of the alimony agreement to demonstrate that cohabitation has had a financial effect.

Q: Can Prenuptial Agreements Affect Alimony in California?

A: Yes, a prenuptial agreement can have a profound effect on California alimony. If there are specific provisions in the contract that would forgo or limit spousal support, courts typically follow those provisions as long as the contract is fair and properly executed and both parties are transparent about their finances. Courts can rescind measures deemed incoherent when they are implemented.

Contact a California Alimony Attorney

Understanding how long you need to be married to receive alimony in California involves looking at your marriage, your finances, and California laws. Although marriage length is the prime determinant, other considerations, such as income inequality and need, also affect spousal support. With the assistance of a knowledgeable family law lawyer, you can rest assured that your rights and interests are protected. Contact All American Law today for a consultation.