Two distinct "10-year rules" affect California divorce proceedings — one under state family law governing spousal support in long marriages, and one under federal military law governing retirement pay division. Understanding which rule applies to your situation, and what it actually means for your financial rights, is essential before you negotiate a settlement or proceed to trial.
The California 10 Year Marriage Law — Spousal Support
Under California Family Code section 4336, a marriage of 10 years or longer is considered a "marriage of long duration." The 10 year marriage law California courts apply creates an important procedural consequence: the court retains jurisdiction over spousal support indefinitely after divorce. For marriages under 10 years, the court typically sets a defined termination date for support — often half the length of the marriage. For a 10 year divorce California case, no automatic termination date is set, and either party can return to court to modify or terminate support as circumstances change.
What does 10 years divorce California mean in practice? It does not mean support lasts forever or that the supported spouse automatically receives permanent alimony. It means the court keeps the power to address support for as long as either party needs to return. A spouse who achieves financial independence may see support terminated; a spouse who becomes ill or faces changed circumstances may have support continued or increased. The 10 years divorce California rule gives the court flexibility rather than a fixed outcome.
The Military 10/10/10 Rule — Retirement Pay Division
The 10 10 10 rule military refers to the requirements under the Uniformed Services Former Spouses' Protection Act (USFSPA), 10 USC 1408, for direct payment of divided military retirement pay. The 10/10/10 military rule requires: at least 10 years of marriage, at least 10 years of creditable military service by the service member, and at least 10 years of overlap between the marriage and the military service.
The 10 10 10 military rule determines whether the Defense Finance and Accounting Service (DFAS) will pay the former spouse's share of military retirement directly. Without meeting the 10/10/10 rule military threshold, the former spouse is still entitled to their community property share — they just must collect it from the service member rather than directly from DFAS. The 10/10/10 rule military does not affect whether California courts can divide military retirement; it only affects the payment mechanism.
The 20/20/20 Military Rule vs the 10/10/10 Rule
The 20-20-20 rule military is a separate standard governing benefit eligibility — specifically, whether a former military spouse retains TRICARE health coverage, commissary access, and exchange privileges after divorce. The 20-20-20 rule military requires 20 years of marriage, 20 years of creditable service, and 20 years of overlap. It is entirely separate from the 10/10/10 rule military divorce standard. A former spouse can meet the 10/10/10 rule for direct DFAS payment without qualifying for benefits under the 20-20-20 rule military, and vice versa.
California Community Property and the 10-Year Marriage
Regardless of whether a marriage lasted 10 years or 30 years, California divides community property equally under Family Code section 2550. The 10 year marriage law California applies specifically to spousal support jurisdiction — not property division. A marriage of 8 years and a marriage of 15 years both result in equal division of marital assets. The difference is in how courts handle support going forward.
Furubotten Law, APC handles both long-duration marriage divorces and military divorce proceedings throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.