The 10 Year Rule
/Is there anything special about a divorce if we are married for 10 years?
Yes. In California there are three benefits to being in a long-term marriage or a marriage for more than 10 (ten) years. I often hear clients talk about the 10 year rule. Experienced family law attorneys in the San Francisco Bay Area of California will tell you that the 10 year rule only applies to very specific aspects of your divorce.
First, California spousal support rules provide that if a marriage is longer than 10 years the court will always retain the ability to order that support be paid to the lower wage earner in the marriage.
Second, the Social Security Administration considers a marriage of 10 years to be a long-term marriage. How this plays out in practice is that if you do not get remarried, you can collect derivative Social Security benefits based on your ex partner’s earnings record at the age of retirement. Those derivatives are usually one half the amount your ex partner is eligible to collect. This is because spouses retain the right to apply for Social Security derivative benefits only if married for 10 years during which the employee spouse contributed to Social Security. 42 USC §402(b)–(c).
Third, if you ex-spouse is a member of the US Military and you have been married for 10 years or longer, you will receive a pro-rated portion of his/her retirement.
Contact amanda@gordonfamilylaw.com for more information.