If you are divorcing later in life, you may wonder whether spousal support will end or continue for years. You may have heard about the rule of 65 or that a long-term marriage could result in indefinite spousal support in California. The rule of 65 is a commonly used guideline or marker for determining the duration of spousal support. It holds that if the age of the supported spouse plus the duration of the marriage is greater than or equal to 65, the court may order indefinite spousal support.
However, it is important to note that the rule of 65 is not a formal statute or automatic formula. Below, we explain how this concept relates to long-term marriages and its implications for your divorce.
Is the Rule of 65 an Actual California Divorce Law?
No. Rule 65 is a guideline, not a California law, and it is not a guaranteed trigger for indefinite support.
In everyday divorce discussions, people use “rule of 65” to refer to cases involving an older spouse and a longer marriage. However, California courts consider specific factors to determine long-term spousal support. In long-term marriages, the court may also retain jurisdiction over support indefinitely, unless the parties agree otherwise or the court terminates it.
What Do People Usually Mean by Rule 65?
In practice, the phrase arises when individuals have concerns such as:
- Was the marriage long enough that support might not have a fixed end date?
- Is the supported spouse old enough that becoming fully self-sufficient may be harder?
- Could the paying spouse be facing support obligations close to retirement?
- Will the court treat this as a long-term support case rather than a short-term one?
California law does not provide a single numeric rule as an answer. It is more effective to consider whether your marriage qualifies as a long-term marriage and how the statutory support factors apply to your finances and future earning capacity. This approach aligns with how a judge would assess your case.
What Factors Does a Judge Actually Consider?
When determining spousal support, the court conducts a comprehensive, fact-specific review of the marriage, both spouses’ financial situations, and considers a long list of factors, including:
- Each spouse’s earning capacity;
- Whether domestic duties limited one spouse’s career;
- Whether one spouse helped the other get an education, training, or a career position;
- The paying spouse’s ability to pay;
- Each party’s needs based on the marital standard of living;
- Each party’s assets and obligations;
- The duration of the marriage;
- The age and health of the parties;
- Tax consequences;
- The balance of hardships;
- Ability of the supported spouse to become self-supporting within a reasonable time; and
- Any other factors the court finds just and equitable.
There is no guarantee of support. Judges consider the entire situation, including your and your spouse’s ages, the length of your marriage, and each of your abilities to support yourselves.
Why Does a Long-Duration Marriage Matter?
A long-duration marriage is significant because California applies different support rules once this threshold is met.
Under California law, there is a presumption that a marriage lasting 10 years or more, measured from the date of marriage to the date of separation, is a marriage of long duration.
In these cases, the court typically retains jurisdiction over spousal support indefinitely unless the parties agree otherwise in writing or the court orders termination. However, it is not guaranteed that support will continue forever. Instead, it allows the court to revisit support in the future, rather than ending its authority at the time of judgment.
This is a common source of confusion in divorce. Many assume “indefinite jurisdiction” means permanent monthly payments, but it simply means the court retains the option to modify support. Whether support continues, changes, or ends depends on the specific circumstances.
What About Support After Shorter Marriages?
For marriages lasting less than 10 years, support is generally assumed to last half the length of the marriage.
But for marriages lasting more than 10 years, there is no built-in assumption about what is reasonable. In those longer marriages, support may continue for as long as one spouse needs it and the other can pay. That could be many years.
What Does “Indefinite” Support Really Mean?
Indefinite support means there is no predetermined termination date at the outset.
California courts can order long-term support to last many years, especially in marriages over 10 years, but it can still end when:
- The parties agree in writing, and the court approves it;
- The court later orders it to end;
- The supported spouse remarries; or
- Either spouse dies.
Support may also be modified if there is a significant change in circumstances and the parties cannot reach an agreement.
Therefore, “indefinite” does not mean support will last forever. It means the issue remains open unless changed by law, facts, or a future court order.
How Does This Affect People Near Retirement?
This issue is especially important when divorce occurs later in life, and both spouses are planning for the next 10 to 20 years.
If one spouse has been out of the workforce for years, or if age or health makes rebuilding earning power difficult, support may remain a significant concern. For a spouse nearing retirement, support obligations can also become complex.
California law requires judges to consider age, health, earning capacity, hardship, need, and ability to pay. The court will address practical realities, not just theoretical fairness.
For instance, two people can both be in their 50s, both have marriages over 10 years, and still have very different support outcomes depending on income, property, work history, health, and the standard of living during the marriage.
What Should You Do If You Think Rule 65 Might Affect You?
Start by reframing the question. Instead of asking only whether the rule of 65 applies, ask whether your marriage may be considered a long-term marriage and how support factors affect your future.
That means taking practical steps to:
- Gather records showing income, expenses, assets, and debts;
- Look at how long the marriage lasted from marriage to separation;
- Identify any career sacrifices made during the marriage;
- Think honestly about work capacity, health, and retirement timing; and
- Get legal advice before agreeing to support language in a judgment.
Support terms can impact your life long after the divorce. A rushed agreement may appear straightforward, but it can lead to years of avoidable complications.
Wondering About Spousal Support After a Long-Term Marriage? We Can Help.
At The Law Offices of Ali Yousefi, P.C., our divorce attorney in California understands that divorce is not only about ending a marriage but also about protecting your financial future and making informed decisions during a challenging time.
With decades of combined experience, our firm takes a tailored, client-focused approach and works closely with clients to address the factors that influence support outcomes in California divorce cases.
If you are concerned about long-term spousal support, we can help you understand the relevant issues and develop a strategy tailored to your situation.
FAQs
Does the Court Have to Order Spousal Support in a Long-Duration Marriage?
No. California courts explain that many marriages end without either spouse paying long-term support. A long marriage increases the likelihood that support will be an issue, but it does not automatically entitle a spouse to an award.
Do California Tax Rules for Spousal Support Depend on When the Order Was Made?
Yes. For support orders or agreements made on or after January 1, 2026, the payer generally cannot deduct support on California income tax forms, and the recipient generally does not report it as income on California income tax forms. Different rules may apply to older orders.
Can a Marriage Under 10 Years Still Be Treated as Long Duration?
Yes. California law presumes that 10 years or more is a marriage of long duration, but it also allows a court to find that a marriage of less than 10 years is one of long duration in the right case.
Legal Resources Used To Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and other authoritative sources during the content development process:
- California Courts. Long-Term Spousal Support.
- California Legislative Information. California Family Code Section 4320. Factors to be Considered in Ordering Support
- California Courts. Taxes and Spousal Support.
- California Courts. Spousal Support.
- California Legislative Information. California Family Code, Division 9, Part 3, Chapter 3. Spousal Support Upon Dissolution or Legal Separation
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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