Is There a 10 Year Rule for Marriage Benefits?

Yes and no. When it comes to Social Security benefits, which are not community property and which are not subject to Family Court jurisdiction, the rule is that a former spouse must have been married 10 years from the date of marriage to the date of judgment in order to be eligible for former spouse Social Security benefits.

Then there’s spousal support; one of the factors to be considered by the Family Court in making an order is the length of the marriage. In this regard the Court retains spousal support jurisdiction indefinitely for a marriage of long duration. For the purpose of retaining jurisdiction, there is a presumption that a marriage of 10 years or more is a marriage of long duration. If the marriage is less than 10 years, generally speaking, support jurisdiction will only last for one-half the length of the marriage.

Need additional help in other family law areas besides the 10 year rule for social security and spousal support? Call the Law Office of Richard E. Bawden for legal issues regarding adoption, annulment, collaborative divorce, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements. For more information, call Richard E. Bawden, State Certified Family Law Specialist, at 909.792.0222 or email us at [email protected] You might also want to get more information at our website: The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.

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