Short term vs long term marriage and alimony payment

Question

In case where alimony payments are calculated, what is the date to be considered as the determining factor?  Is it the date of separation, date in which the divorce papers are initiated, or the settlement date of the divorce in which the papers are finalized?  My spouse and I have 4 children together, and are married 2 months shy of being married for 10 years.  Please advise

Tobie B. Waxman · Answer

Length of marriage is determined based on date of marriage to date of separation.

James L. Arrasmith · Answer

In California, the date of separation is a crucial factor in determining spousal support payments in a divorce. The date of separation is the date when one spouse expresses to the other spouse their intent to end the marriage, and their actions demonstrate this intent. 
 
The date of separation is important because it marks the end of the community property period, which is the time during the marriage when income and assets are considered joint property. After the date of separation, income and assets are considered separate property. 
 
For marriages of 10 years or less, the general rule in California is that spousal support should be paid for half the length of the marriage, but this is not an absolute rule. The court will consider a number of factors, including the standard of living during the marriage, the earning capacity of each spouse, and the ability of each spouse to pay support, among others. 
 
In your case, the fact that you are 2 months shy of being married for 10 years may not be determinative, as the court will look at a range of factors to determine the appropriate amount and duration of spousal support payments. It's important to consult with an attorney who specializes in family law to review the details of your case and provide you with specific advice.

Q: Short term vs long term marriage and alimony payment