In California divorces, the “Rule of 65” is a commonly-used guideline for determining the duration of spousal support. If the age of the supported spouse plus the length of the marriage (in years) equals 65 or more, the court may order indefinite spousal support.
This means support could continue until remarriage of the supported spouse, the death of either spouse or further court order. This would be instead of having a set termination date.
However, it’s not a law or a strict rule. Other factors are also considered when the matter is decided by a court.
Rule of 65 Calculation
The calculation involves adding the supported spouse’s age at the date of separation to the number of years the couple was married (from the date of marriage through the date of separation).
For example, if a couple was married for 10 years up to the date of separation, and the supported spouse is 55 at the date of separation, the Rule of 65 would be met. 55 + 10 = 65.
Does “indefinite” mean “forever?”
If the Rule of 65 is met, the court may order support to continue indefinitely. This means there is no set end date. But it can still be modified or terminated. Normally it would take a showing of a significant change of circumstances for a court to modify or terminate a spousal support order. So “indefinite” does not imply “forever.”
Other Factors
The law considers marriages under 10 years in length to be short-term marriages. The Rule of 65 isn’t usually applied to them. This is especially true for short-term marriages under 5 years in length.
The law considers marriages over 10 years in length to be long-term marriages. The court may order indefinite spousal support for long-term marriages, regardless of whether the Rule of 65 is met.
Even if the Rule of 65 is met, according to the law the court must also consider 14 other other factors. These include the supported spouse’s ability to become self-supporting and the other spouse’s ability to pay.
Retirement can be a factor in modifying or terminating support. A spouse paying spousal support is generally entitled to retire at age 65 and cannot be forced to continue working solely to maintain support payments. However, this doesn’t automatically end support. The paying spouse may still have to pay support even after retirement. This may be the case if they have other income sources or if the supported spouse still needs support. A court order is required to modify or terminate spousal support.
