In California divorce law, the Rule of 65 is a guideline used to help determine spousal support, especially when one or both spouses are nearing retirement age. This rule is not a strict legal statute but a practical method used by courts to assess the long-term financial impact of a divorce. The Rule of 65 is primarily concerned with the age of the supported spouse and the duration of the marriage. If the combined total of these two factors equals or exceeds 65, the spouse may be eligible for long-term or permanent spousal support.
Understanding how the Rule of 65 works is critical for spouses approaching or at retirement age, as it can greatly affect their financial situation post-divorce.
1. What Is The Rule Of 65 In California Divorce?
The Rule of 65 is a guideline commonly used in California family law to determine whether a spouse should receive long-term spousal support after a divorce. It applies when the combined total of the supported spouse’s age and the years of marriage equals or exceeds 65. For example, if a spouse is 55 years old and the marriage lasted 10 years, the Rule of 65 could be applied, since 55 + 10 = 65.
The rule acknowledges that individuals nearing or past retirement age may face greater financial challenges after a divorce. For this reason, courts often use the Rule of 65 to evaluate if a spouse is eligible for ongoing financial support to help them maintain their standard of living.
While the Rule of 65 is a useful tool for determining spousal support, it is not a law that mandates certain outcomes. Instead, it is a guideline that judges can use alongside other factors, such as the earning capacity of both spouses, the standard of living during the marriage, and the length of the marriage.
2. How Does The Rule Of 65 Affect Spousal Support In California?
The Rule of 65 directly influences how long and how much spousal support may be awarded in a divorce case. California law recognizes that people who are older and have been in long marriages may have a harder time becoming self-supporting after a divorce, particularly if they have spent years out of the workforce or have relied on their spouse’s income.
Permanent or Long-Term Spousal Support
In California, a marriage lasting 10 years or longer is typically considered a long-term marriage. In such cases, spousal support may be awarded indefinitely, or until the court determines that it is no longer needed. The Rule of 65 is especially relevant in long-term marriages where one spouse is approaching retirement age and has limited earning potential.
For instance, a 60-year-old spouse who was married for 15 years would have a combined total of 75 under the Rule of 65. This could prompt the court to consider awarding permanent spousal support, recognizing that it may be difficult for this spouse to reenter the workforce and maintain their standard of living.
Age and Workforce Considerations
The court also considers the age of the supported spouse in relation to their ability to work. Older spouses who have been out of the workforce for an extended period may find it difficult to secure employment after a divorce. This is particularly true for individuals nearing retirement age, as employers may be less likely to hire older workers, and the spouse may be physically or emotionally unfit to rejoin the workforce.
The Rule of 65 ensures that these factors are taken into account. Courts are more inclined to provide long-term support to spouses who may face difficulty in becoming self-sufficient due to age or long-term absence from the job market.
Standard of Living
Another important aspect of spousal support under the Rule of 65 is the consideration of the standard of living established during the marriage. Courts aim to ensure that the supported spouse can continue living in a manner similar to the one they experienced during the marriage, especially when the marriage lasted for many years and the couple has accumulated substantial assets.
If the supported spouse is older and less capable of earning an income, the court may award spousal support to help them maintain this standard of living.
See also: Do I Have To Support My Wife After Divorce?
3. How Does The Rule Of 65 Impact The Division Of Assets In A California Divorce?
The division of assets in a California divorce can also be influenced by the Rule of 65. While the rule is primarily applied to spousal support, it can have implications for the division of property, particularly in long-term marriages where one spouse is older or retired.
Division of Retirement Accounts
In a community property state like California, assets acquired during the marriage are generally divided equally between the spouses. However, the court may take into account the Rule of 65 when determining how retirement accounts and pensions are divided. For example, if one spouse is close to retirement age and has limited ability to rebuild their savings, the court may award a larger portion of the retirement funds to that spouse to ensure their financial security after the divorce.
Retirement accounts like 401(k)s, IRAs, and pensions are often critical for older couples, and the division of these assets must be done carefully to ensure both parties are financially stable. A court may issue a Qualified Domestic Relations Order (QDRO) to divide pension plans or retirement accounts equitably.
Consideration of Earning Potential
Another important factor when dividing assets is the earning potential of each spouse. In marriages where one spouse has been the primary earner and the other has been out of the workforce for many years, the court may use the Rule of 65 to allocate a larger portion of the assets to the lower-earning or non-earning spouse. This is done to help bridge the financial gap and ensure that both parties are able to maintain a reasonable quality of life after the divorce.
For example, if one spouse is nearing retirement and has little ability to earn an income, the court may decide that they should receive a greater share of the marital home or other real estate assets to provide them with financial security.
4. Calculation Of The Rule Of 65
The calculation of the Rule of 65 is simple. It involves adding the age of the supported spouse to the length of the marriage. If the sum is 65 or higher, the rule may apply when determining spousal support. The court may look more favorably on providing long-term financial support to the older spouse in these cases.
Example Calculation
To understand how the Rule of 65 works, let’s consider an example:
Spouse A is 55 years old.
Spouse B is 50 years old.
The marriage lasted 15 years.
In this scenario, the combined total of Spouse A’s age (55) and the length of the marriage (15 years) is 70. This would qualify the couple under the Rule of 65, making it more likely that Spouse A will receive long-term or even permanent spousal support, depending on other factors such as income and standard of living.
Variability in Outcomes
It’s important to note that while the Rule of 65 serves as a guideline, it does not guarantee a specific outcome. Judges will still consider other factors, such as:
Income and earning capacity of both spouses.
The financial needs of the supported spouse.
The length of time the supported spouse has been out of the workforce.
Each case is unique, and the Rule of 65 is just one of many tools that a judge may use to determine a fair outcome.
FAQs About The Rule Of 65 In California Divorce
What Is the Rule of 65 in California Divorce?
The Rule of 65 is a guideline used in California divorce cases to determine if a spouse is eligible for long-term or permanent spousal support based on their age and the length of the marriage. If the combined total equals or exceeds 65, the supported spouse may receive long-term support.
How Does The Rule Of 65 Affect Spousal Support In California?
The Rule of 65 influences the duration and amount of spousal support, particularly in long-term marriages where one spouse is nearing retirement age or has limited earning potential. The court may award long-term or permanent support to ensure financial stability for the supported spouse.
How Does The Rule Of 65 Impact The Division Of Assets?
While the Rule of 65 primarily deals with spousal support, it can also affect the division of retirement accounts and assets in long-term marriages. The court may allocate more assets to the spouse who has a lower earning capacity or is close to retirement age.
How Is The Rule Of 65 Calculated?
The Rule of 65 is calculated by adding the age of the supported spouse to the length of the marriage. If the combined total equals or exceeds 65, the rule may apply when determining spousal support.
Conclusion
The Rule of 65 is a helpful guideline in California divorce cases, particularly for couples who are older or have been married for many years. While it is not a formal law, it influences the court’s decision on spousal support and may also affect the division of assets. The rule aims to ensure that spouses nearing retirement receive fair financial support after a divorce, helping them maintain their standard of living. Understanding the Rule of 65 can provide clarity during divorce proceedings, especially for those facing significant financial challenges.