What Is Long-Term Marriage
A long-term marriage is one that lasts 10 or more years. This threshold matters significantly in divorce because it determines whether you're eligible for certain forms of spousal support and affects how Social Security benefits are divided or claimed based on your ex-spouse's earnings record.
The 10-year mark is specifically important under federal Social Security law. If you were married for at least 10 years and are at least 62 years old, you can claim retirement or disability benefits based on your ex-spouse's Social Security record without affecting their benefits. This applies even if your ex has already remarried.
State-Specific Rules
While the 10-year threshold is federal for Social Security purposes, state divorce laws treat long-term marriages differently for spousal support and property division:
- California defines marriages of 10 years or longer as triggering potential permanent alimony (technically called "indefinite spousal support"), though the judge retains discretion to modify or terminate it.
- Florida, Texas, and several other states don't use a specific "long-term marriage" label but do consider marriage duration (often 10+ years) as a factor when deciding alimony duration and amount.
- New York law ties longer marriages to higher alimony awards. The durational limits for alimony increase significantly for marriages lasting 15, 20, or 25+ years.
- Community property states like Arizona and Washington may divide assets more evenly in longer marriages, though this typically applies to all marriages, not just those 10+ years.
Impact on Spousal Support and Property Division
Courts use marriage length as a key factor in determining both whether spousal support is awarded and for how long. In a 10-year marriage, judges are more likely to award longer-term support compared to a 3-year marriage. Some states tie specific percentages or formulas to marriage duration.
Property division is typically less affected by reaching the 10-year mark, since most states already divide marital property according to equitable distribution or community property rules regardless of marriage length. However, longer marriages often result in more commingled assets, which can complicate the division process.
How the 10 Years Is Calculated
The marriage duration clock runs from the date you were legally married until the date of divorce filing (not finalization). Time separated doesn't pause the clock. If you were married 9 years and 11 months when you file, you've still hit the threshold by the time your divorce is finalized a few months later in most courts.
Common Questions
- Does a legal separation count toward the 10 years? Yes, for spousal support and Social Security purposes, the full time from marriage to divorce filing counts, even if you were separated during those years.
- Can I claim benefits on my ex's Social Security if we're still married? No. The 10-year rule applies only after your divorce is final and you've been divorced for at least 2 years (unless your ex is already collecting). You must be unmarried.
- Will I automatically get permanent alimony in a 10-year marriage? No. A 10-year marriage makes you eligible for consideration of permanent alimony, but the judge still evaluates need, ability to pay, contributions to the marriage, and other factors. It's not guaranteed.