Q: In CA, what is the minimum length of a domestic partnership or a marriage in order to receive spousal support?
A: Technically, there is no minimum or maximum. In a short term marriage, that would be less than ten years, it is customary that support not exceed 1/2 the term of marriage. Support is very dependent on the income streams of both parties. Support is not automatic, and must be requested, or agreed upon. Even in a short term marriage, the court has discretion to vary the term of payment based upon need. For a 10 year or longer marriage, the 1/2 term is available, but the court could retain its power to make or modify an order for the life of the person. Generally, the Court will give a Gavron Warning to let a person who is receiving support know the should use their best efforts skills and education to become financially self sufficient, as soon as possible, and certainly by 1/2 the term of marriage.
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