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What is a marriage of long duration? Why is it significantly different from a marriage of short duration?

Question: What is a marriage of long duration? Why is it significantly different from a marriage of short duration?

Answer: Pursuant to Family Code Section 4336, a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration.

Family Code Section 4336:

(a) Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage or for legal separation of the parties where the marriage is of long duration.

(b) For the purpose of retaining jurisdiction, there is a presumption affecting the burden of producing evidence that a marriage of 10 years or more, from the date of marriage to the date of separation, is a marriage of long duration. However, the court may consider periods of separation during the marriage in determining whether the marriage is in fact of long duration. Nothing in this subdivision precludes a court from determining that a marriage of less than 10 years is a marriage of long duration.

(c) Nothing in this section limits the court’s discretion to terminate spousal support in later proceedings on a showing of changed circumstances.

(d) This section applies to the following:

(1) A proceeding filed on or after January 1, 1988.

(2) A proceeding pending on January 1, 1988, in which the court has not entered a permanent spousal support order or in which the court order is subject to modification.

 

A marriage of less then 10 years, from the date of marriage to the date of separation, is presumably a marriage of short duration.

What is the main difference between these 2 marriages?

If you were married for less than 10 years, generally permanent spousal support lasts no longer than ½ of the marriage. But if you were married for more than 10 years then permanent spousal support might last forever.

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Ms. Rogova, who is bilingual English-Russian, earned her law degrees from American and Russian universities. She earned her Russian law degree in 2003 and practiced law in Russia for over 7 years. Ms. Rogova has a broad range of legal experience in Russia such as contract litigation, corporate law, arbitration, real estate, and labor law. In addition to her law degree, in 2007 Ms. Rogova earned a Master of Finance degree.

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