How Long Does Alimony Last in California?

The word “alimony” strikes fear into the hearts of many. In popular media, the prospect of having to pay alimony is often the impetus behind the commission of unsavory deeds in an attempt to circumvent it. While alimony in real life is rarely so dramatic, it nonetheless represents a significant financial risk for many would-be divorced spouses, so it’s natural to wonder how long you might have to pay it after divorce. The answer depends on a wide variety of factors, as our Stockton divorce attorneys explain below. 

Temporary Alimony 

A family law court may award temporary alimony while the divorce is ongoing. The purpose of temporary alimony is to allow the recipient spouse to maintain the status quo during the pendency of the divorce proceedings. Accordingly, it terminates upon the entry of a final judgment in the case (unless the parties agree to an earlier end date), so the length of time you might have to pay depends on which stage you’re at in the divorce process.  

Permanent Alimony 

Permanent alimony is the type of spousal support most people think of when they think of “alimony.” It is spousal support paid by one former spouse to the other after the conclusion of the divorce proceedings. Contrary to what its name would suggest, permanent alimony is not always “permanent.” 

Short-Term Marriages

A short-term marriage in California is any marriage of less than 10 years. In such cases, courts award alimony for a “reasonable period of time,” which typically is half the length of the marriage. However, nothing precludes courts from deviating from that standard. If the circumstances justify it, the court may treat a short-term marriage as a long-term marriage for alimony purposes or order alimony for a shorter period of time than half the length of the marriage.  

Long-Term Marriages 

A long-term marriage is one of 10 years or more — a category that, like short-term marriages, is subject to the court’s discretion. There is no standard cut-off date for alimony after long-term marriages. Courts have wide discretion in ordering alimony after long-term marriage and retain jurisdiction over the proceedings indefinitely. Courts consider several factors when determining the duration of alimony, including: 

• Whether one spouse’s earning potential is impaired due to periods spent performing household duties
• The time required for the supported party to acquire marketable skills sufficient to maintain their standard of living 
•  The age and health of the parties 

Therefore, the answer to how long alimony lasts in long-term marriages is “it depends.” 

Termination of Alimony 

Absent a court order, alimony terminates when (1) the supported spouse remarries, (2) either spouse dies, or (3) the parties agree to terminate the alimony arrangement. 

Discuss Your Questions With a Stockton Divorce Attorney 

Alimony orders are highly fact-specific and vary according to the circumstances. That’s why you should consider speaking to an experienced attorney for more detailed information. To get started, please contact a Stockton divorce attorney at McKinley, Conger, Jolley & Galarneau by using our online form or calling us at 209-477-8171.