Are you thinking about getting divorced? Has your spouse already filed papers? If so, you might be wondering how alimony will play into the process. More specifically, what the ten-year rule for alimony is and if it applies to your divorce. Keep reading to learn more about alimony, the 10-year rule, and how Kendall Gkikas & Mitchell, LLP can help with your divorce proceedings.
What is the ten-year rule for alimony?
The “10-year rule” for alimony applies to couples that have been married for at least 10 years. In the situation where a couple gets divorced, one spouse can be guaranteed alimony, or spousal support, for life. However, while you may have heard that this is a steadfast rule, you are mistaken. The “10-year rule” for alimony does not apply to all divorce cases in California.
Are there ways to get around the ten-year rule?
You may be happy to know if you are the spouse that will be responsible for paying alimony, that there are ways to get around the 10-year rule. If you are your former spouse can agree on your own rules for alimony and get it in writing, you can negate the 10-year rule. A judge can also terminate alimony at a later date if circumstances change. This includes a remarriage or the birth of another child.
What do the courts consider when determining alimony?
Regardless of the 10-year rule, there are certain things the court considers when determining alimony. This includes how long the marriage lasted, both spouses’ income and earning potential, as well as standard of living during the marriage, and assets and debts.
For answers to all of your alimony questions, contact Kendall Gkikas & Mitchell, LLP today!
Alimony is court-ordered and nothing to take lightly when you are going through divorce proceedings. Alimony can last anywhere from a few years to the rest of your life, so if you are entering into the divorce process and think you might end up paying alimony, it is important to get an experienced family law attorney on your side. At Kendall Gkikas & Mitchell, LLP, we have helped countless clients with their divorce cases whether they include alimony or not. We will fight tirelessly to make sure that you get the best settlement agreement possible so give us a call today at 909-482-1422 to schedule your initial consultation.
To learn more about the reliable and quality family law services that we offer, visit us on the web at Kendall Gkikas & Mitchell, LLP.
