Home Divorce Divorce of Marriages of Long Duration

San Diego Long Marriage Divorce Lawyer

Do You Need a San Diego Divorce Attorney After a Long Divorce?

If your marriage has lasted 10 years or more, California courts may classify it as a marriage of long duration. This classification can have serious financial implications when it comes to important issues like spousal support and division of property.

At Mattis Law, A.P.C., we provide compassionate guidance to people who are navigating the end of a long-term marriage in San Diego. In this situation, you need an attorney who can help you protect your financial future while working to minimizing conflict whenever possible.

Back to Top

Why Choose Us Over Other Marriages of Long Duration Divorce Lawyers in San Diego

Whether you are concerned about spousal support, retirement benefits, or long-standing financial concerns, having the right legal advocate can make a big difference in how the divorce process unfolds.

Amelia J. Mattis offers personalized guidance grounded in years of experience to help clients through difficult family transitions. Here’s what sets Mattis Law, A.P.C. apart:

  • Selected as one of the Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys
  • Named among the 10 Best Female Attorneys in California by the same organization
  • Included in the San Diego Super Lawyers Rising Stars list
  • Honored as Lawyer of the Year by the American Institute of Legal Professionals
  • Named one of the Top 40 Under 40 in California by the American Academy of Attorneys (AAOA)
  • Selected by Expertise.com as one of the Best Divorce Lawyers in San Diego

Divorcing After More Than 10 Years of Marriage?

Call (858) 328-4400 to schedule a free consultation today.

Back to Top

Reasons to See an Experienced San Diego Divorce Attorney Right Away

The longer you wait to consult an attorney, the more vulnerable you could be, especially when significant assets, retirement accounts, or spousal support are at stake. Here are a few reasons to act quickly:

  • Preserve Financial Documentation: Early legal guidance ensures you gather and preserve key financial records before they become inaccessible.
  • Understand Your Rights: You may unknowingly waive certain rights or fail to assert your claim to long-term support or property.
  • Prevent Strategic Moves by Your Spouse: An early legal strategy can protect you from disadvantageous financial shifts or hidden asset transfers.
  • Start Preparing for Mediation or Trial: Whether your case is settled or litigated, preparation matters. The earlier you begin, the stronger your position.

Back to Top

What Is a Marriage of Long Duration in California?

Under California Family Code §4336, a marriage is generally considered a marriage of long duration if it lasted 10 years or more from the date of marriage to the date of separation. This classification triggers key legal consequences:

  • The court retains jurisdiction indefinitely over the issue of spousal support unless the parties agree otherwise.
  • Spousal support may be awarded for an extended period of time. This could turn out to be a lifelong commitment.
  • Retirement benefits, pension rights, and long-term property interests may be shared to a greater extent than what generally occurs in shorter marriages.

Back to Top

Factors That Influence Spousal Support

California courts evaluate a range of factors when determining spousal support in long-duration marriages. These include:

  • Length of the marriage
  • Age and health of both parties
  • Standard of living during the marriage
  • Earning capacity and job market availability
  • Contributions to the education or career of the other spouse
  • Domestic duties and sacrifices made by one spouse
  • Assets and debts of each party
  • History of domestic violence or abuse, if applicable

In long-duration marriages, these factors will probably require deeper examination, including lifestyle patterns established over decades, and how issues like age or health may affect each party's future prospects.

Back to Top

Indefinite Jurisdiction

In short-term marriages, courts often set a clear termination date for spousal support. But in marriages of long duration, the court retains jurisdiction indefinitely over support. This means:

  • A support order can remain in place for the lifetime of the supported spouse unless modified.
  • Either party may return to court years later to request a change due to new circumstances, such as retirement, remarriage, or health issues.
  • The court has discretion to end jurisdiction, but it usually refrains from doing so unless there is a compelling reason.

Back to Top

The Effects of Separation on Marriages of Long Duration

Many long-term couples separate years before they officially file for divorce. It’s important to remember that the duration of the marriage stops at the date of separation, not the date when someone files for divorce.

Establishing the date of separation becomes extremely important when:

  • Determining the duration for support eligibility
  • Dividing community property acquired up until the separation
  • Calculating retirement contributions and other benefits

Clearly establishing the date of separation can prevent confusion and litigation down the line. At Mattis Law, A.P.C., we can help clarify and document your separation timeline to protect your interests.

Back to Top

Court Discretion in Long Duration Marriages

California family law gives judges significant discretion when resolving spousal support and property division in long-term marriages. While guidelines exist, outcomes can vary based on:

  • The judge’s interpretation of fairness and equity
  • Testimony and credibility of the parties
  • Complex financial evaluations
  • Each party’s post-divorce stability

Because the law grants judges so much latitude, skilled advocacy is essential to ensure the court understands your situation and your needs. Your attorney must clearly frame your contributions to the marriage, the sacrifices you made, and your current financial circumstances.

Back to Top

Protecting Your Financial Future

Schedule a confidential consultation with Mattis Law, A.P.C. today. Call (858) 328-4400 to speak with a San Diego divorce attorney who understands the complexities of a long-duration marriage.

Financial Planning in a Long-Term Divorce

Financial issues in a long-term divorce are often more complicated than they would be in shorter marriages. Common challenges include:

  • Division of Retirement Accounts: Pensions, IRAs, and 401(k)s may require Qualified Domestic Relations Orders (QDROs).
  • Healthcare Considerations: Older spouses may face challenges in securing new health insurance post-divorce.
  • Investment and Business Assets: Businesses, rental properties, and long-term investments must be evaluated and divided.
  • Tax Implications: Spousal support has tax consequences, especially in high-income households or where property is sold.

Our law firm works with financial professionals to ensure our clients have a full understanding of the short- and long-term consequences of every decision.

Social Security

If your marriage lasted 10 years or more, you may be entitled to claim Social Security benefits based on your spouse’s work record, and this won’t affect your spouse’s benefits. To qualify, you must:

  • Be age 62 or older
  • Be unmarried at the time of claiming
  • Have a former spouse who qualifies for Social Security

Pensions

In California, pensions earned during a marriage are typically considered community property, meaning they may be divided equally in a divorce. In a long-term marriage, the court may order that a portion of your pension be awarded to your former spouse, even if the pension has not yet been paid out.

Division of retirement assets often requires a Qualified Domestic Relations Order (QDRO). Because pensions represent future income, it’s important to understand how they’re valued and divided to protect your long-term financial stability after divorce.

Back to Top

How a San Diego Long Marriage Divorce Attorney Can Help

When it comes to marriages of long duration, hiring an experienced divorce attorney is the best way to fight for what you deserve. Here’s what Amelia J. Mattis can help with:

  • Analyzing complex assets like pensions, business interests, and real estate
  • Establishing the correct date of separation
  • Pursuing fair and reasonable spousal support
  • Preparing for litigation or settlement negotiations
  • Protecting your retirement and long-term financial security
  • Developing a post-divorce plan that reflects your goals and needs

Back to Top

What Clients Are Saying About Us

She is a rock star! -Tommy Liveoak (5-Star Google Review)

If you are looking for a great family law lawyer, don’t hesitate and look no further. Amelia Mattis, her assistant Baylee, and her firm are professional and very well versed in all of the laws and procedures but more importantly patient and explained everything clearly throughout the process. In my case, she went to the hearing completely prepared for anything the opposition counsel had to bring up and answered the judge clearly, with facts, case law and to any points needed. I could not be any happier with her support and performance in my case. She is a rock star! No divorce is easy, but having a real lawyer is the best money you could ever spend.

I have recommended her to my own friends and family - Cassidy (5-Star Google Review)

If you are going through a divorce, child custody issue, or really anything family law related in San Diego, Amelia Mattis is the attorney for you. She cares deeply about her clients and is extremely professional. You can tell that the judges, other attorneys and professionals on that case respect her, and that really makes your case reach resolution. Amelia always explains your options concisely and with advice so that you can make an informed decision for your family. She is even upfront about costs, so you know what to expect and what options you have in your budget. I have recommended her to my own friends and family, if you think you need a family law attorney in San Diego, do not hesitate to call her!

Back to Top

Other Locations We Serve

Back to Top

Speak With a Trusted Marriage of Long Duration Divorce Lawyer in San Diego

If your marriage lasted 10 years or more and you’re considering divorce, don’t wait to seek help. With compassion, knowledge, and proven legal skill, Amelia J. Mattis stands ready to guide you through every step.

Call (858) 328-4400 today to schedule a free consultation. Let us help you secure your future today.

Back to Top

Frequently Asked Questions

What qualifies as a “marriage of long duration” in California?

Under California Family Code §4336, a marriage is typically considered a marriage of long duration if it lasted 10 years or more from the date of marriage to the date of separation.

Does a long-term marriage guarantee permanent spousal support?

Not necessarily. While the court retains indefinite jurisdiction over support in long marriages, that does not mean support is automatically permanent. The amount and duration depend on several factors, including income, health, and earning capacity.

How is spousal support calculated in a long-term marriage?

There is no fixed formula for long-term spousal support. Courts consider factors such as the length of the marriage, the standard of living during the marriage, each party’s income and needs, age, health, and contributions to the marriage.

Can I modify or terminate spousal support later on?

Yes. Either party can request a modification or termination of spousal support if there is a significant change in circumstances, such as job loss, retirement, or remarriage of the supported party.

What happens to retirement benefits in a long marriage divorce?

Retirement accounts, pensions, and other deferred compensation earned during the marriage are generally considered community property and may be divided equally. Special legal tools like QDROs are often required to divide these accounts properly.

How does the court determine the date of separation?

The date of separation is when one spouse clearly expresses the intent to end the marriage and acts consistently with that intent. This date is critical because it marks the end of the community property period and can affect spousal support duration.

Will the court consider my age or health in determining support?

Yes. The court may weigh age, physical health, and employability when determining spousal support, especially in long-term marriages where one spouse may be nearing or past retirement age.

Can I receive Social Security benefits from my ex-spouse?

If your marriage lasted at least 10 years, and you meet other criteria (such as being unmarried and over age 62), you may be eligible to receive Social Security benefits based on your ex-spouse’s work record.

Does the court always stay involved in long-term spousal support cases?

In most cases, yes. Courts retain indefinite jurisdiction over spousal support in long marriages. That means judges can revisit the issue years later unless both parties agree otherwise in writing.

Why should I hire a lawyer for a long-term marriage divorce?

Divorces involving long marriages often include complicated financial entanglements, potential lifelong support, and emotional difficulty. A knowledgeable attorney can help you navigate these issues and protect your long-term interests through careful legal planning and representation.

Back to Top

Meet Our San Diego Divorce Attorney

Amelia J. Mattis

Amelia J. Mattis is the founder and lead attorney of Mattis Law, A.P.C., a San Diego-based family law firm devoted to compassionate, strategic advocacy for individuals facing divorce, custody disputes, and complex family law matters. Known for her balanced approach that combines tenacity in the courtroom with empathy for her clients, Amelia provides steady guidance during some of life’s most difficult transitions. Amelia also represents individuals in divorces involving marriages of long duration, providing clients with the knowledge and advocacy needed to protect their financial and parental interests.

Back to Top

(858) 328-4400