In California, a myth has been circulating that after your 10th wedding anniversary, the law mandates that you provide or receive alimony for life. If you are currently going through a divorce, you might either be counting on that check or losing sleep over it. However, the reality of state law offers more nuance than the rumors suggest.
What indefinite jurisdiction means in a California divorce
Long-term marriages face a unique legal landscape regarding spousal support. If your marriage lasted over 10 years, the court retains jurisdiction indefinitely. This means they keep the power to change, extend or reinstate alimony at any time in the future.
Despite the courts holding indefinite jurisdiction, you should not mistake this for infinite payments. This kind of jurisdiction simply denotes that the court will not set an automatic end date for support on day one. Under California law, the door stays open so either of you can request modifications.
When spousal support ends
Alimony usually ends if the recipient remarries or if either party passes away. Beyond that, the paying spouse can petition the court to modify spousal support whenever there is a material change in circumstances, such as:
- Involuntary reduction of income
- Retirement
- Cohabitation with a romantic partner
- Health issues
- Failure to become self-supporting
While modification is possible, your divorce agreement might have stated that spousal support is non-modifiable. This means that the court loses the power to change the order, regardless of how much your life changes later.
How to move forward with your divorce
The California laws on spousal support can be difficult to navigate alone due to their technicalities. It would be best to seek legal advice from an experienced family law attorney to gain clarification on your concerns.
