In California, spousal support, or alimony, is financial assistance one spouse may be required to pay the other after a divorce. The end of a two-decade marriage brings unique considerations under state law. This article explains how California courts approach alimony in divorces following 20 years of marriage, detailing the legal framework and the factors that influence these decisions.
California’s View on Long-Term Marriages and Spousal Support
California law makes a distinction for marriages of a significant length. A marriage that lasts 10 years or more is considered a “long-term marriage” under California Family Code § 4336.1FindLaw. California Code, Family Code – FAM § 4336 A 20-year marriage comfortably exceeds this threshold. For these marriages, the court retains jurisdiction indefinitely to award or modify alimony, meaning there is no automatic end date for the court’s ability to make support orders.
This retention of jurisdiction does not guarantee lifetime alimony or create an automatic right to receive it. The 20-year duration is a significant factor, but the decision to award support still depends on a detailed analysis of each spouse’s circumstances. The parties can, through a mutual agreement, decide to set a specific termination date, but without such an agreement, the court’s authority remains open-ended.
Key Factors Courts Consider for Alimony
When deciding on spousal support, California judges must weigh a set of factors outlined in Family Code § 4320.2California Public Law. California Family Code section 4320 (2025) After a 20-year marriage, certain factors carry significant weight. The court will examine the marital standard of living, meaning the lifestyle the couple was accustomed to. It also looks at each spouse’s earning capacity and to what extent the supported spouse’s ability to earn was impaired by periods of unemployment dedicated to domestic duties.
The contributions each spouse made to the marriage are also reviewed, including one spouse’s efforts to support the other’s education or career advancement. The age and health of both individuals are considered, as these can affect their ability to work and become self-sufficient. The court will also assess the assets and debts of each party, the duration of the marriage, and any documented history of domestic violence.
Calculating Alimony Amount and Its Expected Duration
For permanent spousal support following a 20-year marriage, California does not use a rigid mathematical formula. The court applies the statutory factors to determine an appropriate amount. While software programs are sometimes used to calculate temporary support during the divorce proceedings, the final, post-judgment award is based on the judge’s discretion after considering all relevant circumstances.
Regarding duration, the court’s indefinite jurisdiction means support may continue until the death of either party, the remarriage of the supported spouse, or a future court order. “Indefinite jurisdiction” does not necessarily translate to “lifetime” support. The supported spouse has a legal obligation to make reasonable efforts to become self-supporting.3FindLaw. California Code, Family Code – FAM § 4330 However, courts recognize that after a 20-year marriage, achieving complete self-sufficiency may not be feasible, which is a significant consideration when determining how long support should last.
Changing or Ending Alimony Payments
Spousal support orders can be modified. To change an existing order, the person requesting the change must demonstrate a “material change of circumstances” since the last order was made. Such changes could include a significant shift in either person’s income, an involuntary job loss, or the paying spouse’s retirement, provided it is a bona fide retirement and not an attempt to evade the support obligation.
Certain events can lead to the termination of alimony automatically. Under Family Code § 4337, spousal support ends upon the death of either spouse or the remarriage of the person receiving support, unless the couple had a written agreement stating otherwise.4FindLaw. California Code, Family Code – FAM § 4337 If the supported spouse begins cohabitating with a nonmarital partner, it creates a rebuttable presumption that their need for support has decreased, which can lead to a reduction or termination of payments under Family Code § 4323.5FindLaw. California Code, Family Code – FAM § 4323 Any modification or termination requires filing a formal motion with the court.