what is the rule of 65 in california divorce

Natasha willow

2 min read

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16-01-2025

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The "Rule of 65" isn't an official California law or legal term. It's a colloquialism, a shorthand used by some divorce attorneys and financial professionals to describe a guideline for calculating spousal support (also known as alimony or maintenance) in California divorces. It's crucial to understand that it's not a rigid rule with legal force; judges have broad discretion in awarding spousal support. This article explores the concept and its limitations.

Understanding the "Rule of 65" Concept

The "Rule of 65" generally refers to the combined ages of both spouses. If the sum of their ages equals 65 or more, spousal support is less likely to be awarded or may be for a shorter duration. The underlying idea is that, at older ages, both spouses may have fewer years remaining in the workforce to earn income.

Factors Affecting Spousal Support Beyond the "Rule of 65"

While age is a factor considered by judges in determining spousal support, it's far from the only one. Several other crucial factors influence spousal support awards in California:

• Length of the Marriage: Longer marriages generally lead to longer spousal support durations.
• Standard of Living During the Marriage: The spouse receiving support may be entitled to maintain a similar standard of living to what they enjoyed during the marriage.
• Earning Capacity of Each Spouse: The court considers the ability of each spouse to earn income, including education, job skills, and health. A significant disparity in earning capacity often results in spousal support awards.
• Contributions of Each Spouse: This includes financial contributions and non-financial contributions like raising children or managing the household.
• Health of Each Spouse: Health issues impacting earning capacity can influence the award.
• Needs and Resources of Each Spouse: The court considers the financial needs of the recipient spouse and the resources available to both spouses.

How Judges Determine Spousal Support in California

California law provides specific guidelines for determining spousal support, outlined in the Family Code. Judges base their decisions on the unique circumstances of each case. They consider all the factors mentioned above, not just the spouses' combined age.

The "Rule of 65" – A Helpful Guideline, Not a Legal Mandate

It's vital to understand that the "Rule of 65" is merely a general observation, not a legally binding rule. Judges are not obligated to adhere to it. A couple's combined age might be 65 or more, yet spousal support might still be awarded if other factors warrant it. Conversely, a couple with a combined age under 65 might not receive spousal support if other circumstances don't justify it.

Seeking Legal Advice

The best way to understand your spousal support rights and obligations in a California divorce is to consult with an experienced family law attorney. They can thoroughly analyze your unique situation, considering all relevant factors under California law, and advise you on your best course of action.

Disclaimer: This article provides general information only and does not constitute legal advice. The information presented should not be considered a substitute for consultation with a qualified legal professional.