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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Family Law
Satisfied Customers: 1986
Experience:  Practicing Attorney with 10 years experience
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I am going thru a divorce in California, marriage lasted 20

Customer Question

I am going thru a divorce in California , marriage lasted 20 years, what is the approximate length for Alimony payment, there was no domestic Violence, spouse has a Bachelor's degree and I have a Master's degree and both were working at the time of marriage
Submitted: 1 year ago.
Category: Family Law
Expert:  Asad Rahman replied 1 year ago.

Marriages of 10 years or more are considered marriages of long duration in California. As such the court is not allowed to set a definite termination date for spousal support at the time of the trial. Many people and attorneys misinterpret this rule to mean that California has lifetime spousal support in marriages of long duration. This is not the case, as proven by the citation below:

As recognized by our Supreme Court the public policy of this state has progressed from one which “entitled some women to lifelong alimony as a condition of the marital contract of support to one that entitles either spouse to post-dissolution support for only so long as is necessary to become self-supporting.” In re Marriage of Schmir (2005) 134 CA4 432.

While the court cannot terminate spousal support by a certain date, they can set a date for termination unless the supported spouse applies to extend the support on or before that date. In marriages that are just over 10 years, or the spouse has excellent career prospects, this is often a fruitful strategy to pursue. In marriages of less than 10 years, spousal support is presumed to be no longer in duration than half the length of the marriage.

Expert:  Asad Rahman replied 1 year ago.

It is is sort of indefinite since your marriage lasted more than 10 years. The goal of the support is to allow you to get on your feet and settled.

Expert:  Asad Rahman replied 1 year ago.

If you could accept and rate the answer I can then close it out.

Expert:  Asad Rahman replied 1 year ago.

You would be suing the party that caused the accident and is now deceased? The statute of limitations still applies.

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