Does The Length of Marriage Matter in a California Divorce?
Does the length of marriage matter in a California divorce? Yes.
One of the most common divorce questions is whether the length of the marriage matters in a California divorce. The short answer is yes.
How length of marriage is measured
The length of marriage is measured from the date of marriage until the date of separation. The date of separation is not the same thing as the date of divorce. This is because couples choose to separate and then go through the legal process of divorce.
To determine the date of separation:
Verify the day that one spouse told the other (by actions or words) they wanted to end the marriage,
Confirm whether the spouse’s actions were consistent with wanting to end the marriage (for example, moving out or sleeping in separate beds).
Sometimes, people disagree about when the date of separation was. It’s not always easy to determine the exact date that a complete and final break in the marital relationship occurred. If the spouses cannot agree, then a California court will determine the date of separation. This is typically done in a bifurcated trial.
Date of separation and spousal support
The date of separation can have a significant impact on spousal support. Length of marriage is a factor that California judges must consider if they order spousal support. Generally, the longer a couple is married, the longer support will last.
Typically, if the marriage is under ten years, the marriage is not considered legally “long term,” and spousal support would be for half the length of the marriage. California courts generally consider half the length of marriage to be reasonable if the marriage is not of long duration.
If the marriage is considered “long term,” there is no assumption for any particular length of spousal support. Support can last for as long as the one spouse can pay and the other needs the support, taking into account the marital standard of living.
A couple can settle on whatever length of spousal support they wish, but if they cannot agree on duration, the length of marriage will impact a California family law court’s decision about spousal support.
Date of separation and assets
The date of separation also has a significant impact on division of assets and debts in a California divorce. This is because anything you earn during marriage, anything you buy with money earned during marriage, and any debt you incur during marriage is community property.
Because the length of marriage is measured from the date of marriage until the date of separation, anything that either spouse earns after the date of separation is separate property.
For example, suppose that prior to the date of separation, during marriage, you receive your paycheck, some of which was contributed to your 401k. These earnings and the contribution to the 401k are community property subject to division. Now suppose that the parties separate. That paycheck and that 401k contribution is separate property, not subject to division.
This concept applies to debt as well, including credit card debt.
The bottom line
The date of separation has a very significant impact on spousal support and asset and debt division in California divorces.
Emily Rubenstein Law PC is a full service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.
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