Last updated: September 2026
What Does the "10-Year Rule" Mean in a California Divorce?
California's "ten-year rule" refers to Family Code section 4336, which treats marriages of ten years or longer as marriages of "long duration." In these cases a family court can retain jurisdiction over spousal support indefinitely instead of setting a fixed end date, though the amount and duration still remain within the judge's discretion.
Short-Term vs. Long-Duration Marriages Under California Law
| Factor | Under 10 Years | 10 Years or More |
|---|---|---|
| Legal label | Short-duration marriage | Long-duration marriage (Fam. Code 4336) |
| Court's continuing jurisdiction over support | Often ends on a set date | Can remain open indefinitely |
| Common informal guideline | Roughly half the length of the marriage | No automatic cutoff guideline used |
| Who sets the final duration | Judge, case by case | Judge, case by case |
Why Does the 10-Year Mark Matter for Spousal Support?
Marriage length is one of the factors a judge weighs under Family Code 4320 when deciding how long spousal support should last. Once a marriage crosses the 10-year mark, measured from the date of marriage to the date of separation, the court is not required to set a termination date for support at all. That does not mean support continues forever automatically. It means the court keeps the ability to revisit the order later if circumstances change.
Is There Really a "Half the Length of the Marriage" Rule?
Many people ask about a "half the marriage" rule for support duration. It is a guideline some judges apply informally in shorter marriages, not a statute and not a guarantee. A 6-year marriage does not automatically mean 3 years of support. A judge can still order more, less, or none, depending on income, earning capacity, age, and health under the Family Code 4320 factors.
Does 10 Years Change Anything About Property Division?
No. California divides community property the same way regardless of whether a marriage lasted 4 years or 24 years. The 10-year marker in Family Code 4336 is specific to spousal support jurisdiction, not to how assets and debts get split.
What This Means If a Divorce Is Approaching the 10-Year Mark
Brian Burkett has practiced family law exclusively in San Diego for more than 20 years and appears at the Downtown San Diego, Vista, El Cajon, and Chula Vista family courthouses. Hourly billing is $300, and a typical new-case retainer runs $4,700 to $7,500 depending on complexity. Every new matter starts with a free initial consultation.
Marriage length calculations can get complicated when there was a separation and reconciliation in the middle of a marriage, or when the exact separation date is disputed. That is worth going over with someone who has actually calendared these cases before a judge, not just read about them.
For more on how support amounts get calculated, see our spousal support guide and the spousal support practice page. For a quick response, text or call the office to discuss a specific timeline.
This article is general information about California family law, not legal advice, and reading it does not create an attorney-client relationship.