Is My Marriage Long-Term or Short-Term?

Is My Marriage Long-Term or Short-Term?

Under California law, if a marriage is "of long duration," the court "retains jurisdiction" over an award of spousal support after the dissolution (divorce) is completed, unless the spouses agree otherwise.  When a court retains jurisdiction over spousal support, the court has the authority to decide issues relating to support of either party and can modify an order if changing facts and circumstances justify a change.

There is a presumption that any marriage longer than ten years is a marriage of long duration.  However, the court may consider periods of separation during the marriage in determining whether the marriage is of long duration.  A court also has the authority to court determining a marriage of less than 10 years is a marriage of long duration.  However, a period of cohabitation prior to marriage is not a factor in determining whether a marriage is one of long duration.