At the White Oak Law, we are often asked details regarding the length of a marriage and how this affects divorce proceedings. Many clients vocalize their concerns over the “ten year rule,” so we thought we could clear the air on this issue. While there is no actual “ten year rule” in California, marriages are in fact categorized by family law courts based on the duration of the union.

To be more specific, marriages and divorces in California are classified as either short term marriage and divorce or long term marriage and divorce.

Long Term Marriage/Divorce

Long term marriage and divorce applies to marriages that have lasted for longer than ten years. Many believe that when an individual has been married for more than ten years, he/she is automatically awarded permanent or long-term spousal support. This is simply not true, as courts will always seek to establish reasonable terms of spousal support, and only in cases where spousal support is awarded to begin with. In California, spousal support is usually set to be no longer than half the duration of the marriage itself.

The only difference between a long term marriage/divorce and shorter marriages is that the longer a couple is together, the more assets they have likely accumulated, making division of property a complex affair.

Short Term Marriage/Divorce

Short-term marriages are classified as marriages that have lasted between 0-10 years. Short term divorces are common in California, and the manner in which short term divorces are treated in California is no different than when it comes to long term marriages. This is true for matters relating to child custody and visitation arrangements, as well as the division of assets.

The courts do typically favor short term spousal support when it comes to shorter marriages, but each case varies. The deciding factors will ultimately be influenced by your specific circumstances, including your combined income and amount of assets that were collected after the marriage was established.

Consult with a Knowledgeable California Family Law Attorney

Remember, if you’re dealing with any type of issue involving divorce or child custody, or any matter relating to family law in California, you should always consult with a qualified legal professional. Call us at the White Oak Law today to schedule a initial consultation with one of our seasoned family law attorneys.