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August 12, 2022

The state of California is one of the few that can benefit you through spousal support payment if your marriage lasts 10 years and above. The low-earning spouse gets the right to be paid spousal support as long as the spouse paying can keep up or as long as they need.

Several factors are involved when deciding if you are fit for spousal support and the amount you will get. Usually, the court decides how long you can receive spousal support. There is no limit if your marriage was 20 years or more.

However, if your marriage was less than 20 years, then you can only receive 50% of the length of your marriage. This article will highlight a few things you must note about California’s Spousal Support. But, you can also get help from Pleasanton CA family law attorney from Tierney Law Group.

What Are You Entitled to After 10 Years of Marriage?

Depending on your marriage situation, you and your spouse could negotiate for an affixed amount of spousal support for a given period. If you’re no longer in the state of being married, you could also waive your spousal support rights. If this happens, you can no longer modify it later, regardless of how long your marriage lasted.

According to California divorce laws 10 years, if your settlement agreement states that your support is non-modified, the court will not have to extend your spousal support beyond the required time if your marriage was longer than 10 years.

According to the Social Security Administration, a marriage of more than 10 years is also a long-term marriage. Therefore, if you fail to remarry after your divorce, you become eligible for Social Security benefits depending on your former partner’s earnings.

This only happens if you reach retirement age. Additionally, if your former spouse is in the military or has served for ten years, you could also get retirement pay. You also get direct enforcement, meaning that when your spouse receives their retirement pay, half of it goes directly to you from the military finance office.

Benefits of Divorce After 10 Years of Marriage

couple having arguments

You can get an exceptional divorce attorney in Pleasanton, CA, to help you finalize your divorce case. After which, there are some benefits you could receive from it. One major benefit is the Social Security benefits, which become null when you remarry.

There are also derivative social security benefits; usually half the amount the former spouse can collect. This depends on their earnings in the course of their career. These benefits may push you to wait a little longer or delay your divorce until you hit the 10-year milestone mark.

While the benefits of a 10-year milestone are lucrative, certain circumstances could make waiting dangerous. So if you notice that you and your children are in danger, it’s best to get out as soon as possible and get to safety.

Determining Spousal Support

There are some factors that the judge will consider before determining your spousal support and also how long that spousal support should last. The time frame of spousal support is usually not the same for all cars. However, if your spouse attains any financial modifications afterward, you can petition for a modification to your spousal support payments.

The factors include the following:

  • The length of the marriage
  • The amount each spouse can earn per month
  • The expenses each party can incur per month
  • Age and health of each spouse
  • How the financial situations of each of the spouses look
  • The economic opportunities lost during a marriage or divorce
  • If the spousal support can help maintain the same or close a lifestyle, the couple had when they were married

If you are getting a divorce, working with a divorce attorney in Pleasanton CA, will help your case greatly in ensuring you get the best possible outcome. At Tierney Law Group, our Pleasanton CA family law attorney has years of legal experience in helping families when it comes to negotiating sensitive matters. We understand the importance of spousal support and put in more effort to get you a fair arrangement.