Divorce is never easy — emotionally or legally. For many couples in California, questions swirl around how the law works, especially if you’ve been married a long time. One common point of confusion is the so-called “10-year rule.” Does living together for a decade change how divorce works? Does the law treat long marriages differently?
Let’s break down California divorce laws in a way that’s clear, practical, and grounded in current legal standards — without heavy legal jargon. We’ll explain the basics, what the 10-year mark really means, and how the law affects key issues like property, support, custody, and more.
The Basics: How Divorce Works in California
No-Fault Divorce
California is a no-fault divorce state — meaning one spouse does not have to prove the other did something wrong (like cheating, abuse, or abandonment) in order to end the marriage. The most common and legally accepted reason for divorce here is “irreconcilable differences,” meaning the marriage has broken down and cannot be fixed. In rare cases, divorce can be based on a spouse’s permanent legal incapacity to make decisions, but this is uncommon and requires medical evidence.
In plain terms: You can end your marriage without pointing fingers or proving fault.
Residency Requirements
Before filing for divorce in California, at least one spouse must have lived in the state for at least six months and in the county where you file for at least three months. These rules ensure the California courts have jurisdiction to handle your case.
If neither spouse meets the residency rule yet, some couples start with a legal separation, then convert it to divorce once the residency requirement is met.
The “10-Year Rule” — What It Is and Isn’t
You might hear people talk about a “10-year divorce rule” in California. Here’s the honest truth:
✔️ What the Law Actually Says
There is no automatic rule that drastically changes your divorce just because you’ve been married 10 years. California does not grant lifelong alimony or special status automatically after ten years. However, 10 years is an important legal milestone when courts look at spousal support (alimony) and other factors.
💡 Why 10 Years Matters
In legal practice, marriages of ten years or more are often treated as “long-term” marriages. This matters mostly for spousal support, because:
- For shorter marriages, spousal support may be ordered for a period of time roughly equal to half the length of the marriage.
- For long marriages (10+ years), the court has greater flexibility and may retain jurisdiction to modify or continue support for a longer period — possibly indefinitely — until the supported spouse becomes self-supporting.
But here’s the key: this does not mean guaranteed lifelong support. The court still weighs many factors and can modify or end support if circumstances change.
So that “10-year rule” often mentioned online is more about how courts approach support decisions than some hard-and-fast deadline that automatically grants special benefits.
Property Division: Who Gets What?
California follows a community property system. This is one of the biggest differences between California and many other states.
Community Property = Equal Ownership
Under California law:
- Most property and income acquired during the marriage belongs equally to both spouses.
- That means houses, savings, retirement accounts, cars, business income — anything earned or acquired during the marriage — is usually divided 50/50 when you divorce.
Separate Property Exceptions
Some things remain separate and not subject to equal division:
- Property owned before you were married
- Gifts or inheritances meant only for one spouse
- Assets acquired after separation (if they are clearly separate)
Tip: A well-drafted prenup or post-nup can change these rules before divorce happens.
Spousal Support (Alimony)
Spousal support aims to help the lower-earning spouse transition to financial independence after divorce. It’s complex because it’s very individualized, but here’s how it works in California:
Types of Support
- Temporary support: Paid during the divorce process
- Long-term (post-judgment) support: Ordered as part of the final divorce decree
Factors the Court Considers
Courts look at multiple factors, including:
- The length of the marriage
- Each spouse’s earnings and potential income
- Each spouse’s age and health
- Whether one spouse gave up career or earning opportunities to support the family
- The standard of living during the marriage
10+ Year Marriages
In marriages lasting more than ten years, the court has broader authority to order support for a longer time. But it’s still discretionary, not automatic.
Important Obligations
Both spouses must fully disclose all financial information to the other during divorce. Attempts to hide assets or income can lead to penalties and affect support orders.
Children: Custody & Support
Custody (Parental Responsibility)
If children are involved, the court’s top priority is what’s best for the child. Custody usually breaks down into:
- Legal custody: Who makes big decisions (education, health care, religion)
- Physical custody: Where the child lives and how much time each parent spends with them
Courts often encourage shared custody when possible, but every case is unique based on the child’s best interests.
Child Support
California uses a statewide formula that considers:
- Each parent’s income
- How much time each parent spends with the child
- Other financial responsibilities (like existing support obligations)
Support payments help cover food, housing, health care, education, and other child-related expenses.
Timeframes: How Long Does Divorce Take?
Even if both spouses agree on everything, California imposes a mandatory waiting period before a divorce can be finalized. This is usually six months from the date your spouse is served the petition or appears in the case.
For contested cases or complex property or custody disputes, the process can take longer.
What This Means for Everyday People
Here’s how the laws play out in real life:
If you’ve been married 3 years
- Expect property division roughly 50/50
- Spousal support might last up to half the marriage length
- Focus is on dividing assets and moving forward
If you’ve been married 15 years
- Community property still applies
- Spousal support may continue longer and be more nuanced
- The court pays special attention to how finances will work post-divorce
If one spouse doesn’t want a divorce
California allows unilateral filing — one spouse can start the process even if the other doesn’t agree.
What the 10-Year Rule Isn’t
It’s important to clarify common misconceptions:
❌ It’s not an automatic rule that you get:
- Lifelong alimony
- Automatic bigger share of assets
- Special privileges just because you hit 10 years
✔️ What is true:
- The 10-year mark is significant for spousal support and how judges view long-term financial dependency.
Final Thoughts & Best Practices
Divorce in California has clear rules but also flexibility based on your circumstances. Whether you’re just beginning the process, halfway through, or considering a long-term marriage separation, here are some practical tips:
- Get accurate financial information early.
Full disclosure avoids surprises later.
- Understand that California favors fairness, not punishment.
No one gets “blamed” for ending a marriage.
- The law is individualized.
Two couples married 10 years can have very different outcomes depending on income, assets, custody, and goals.
- Legal help matters.
Even if you want an amicable divorce, a skilled attorney or mediator can protect your rights and help you avoid costly mistakes.