Does Length of Marriage Affect Divorce Settlement?

Yes, the duration of your marriage plays a major role in how courts determine property division and alimony during a divorce.

In divorce cases, especially those involving significant marital assets or contested alimony, the number of years a couple was married can heavily influence the outcome. States follow either community property or equitable distribution laws when dividing marital property—assets and debts acquired during the marriage, including real estate, retirement accounts, business interests, stock options, and more.

Below, we break down how the length of your marriage can shape the outcome of your divorce settlement.

How Courts Categorize the Length of a Marriage

Courts often classify marriage duration into four categories:

Very short-term marriages: 0–2 years

Short-term marriages: Less than 10 years

Medium-term marriages: 10–20 years

Long-term marriages: More than 20 years

While marriage length is important, courts also weigh circumstances such as marital misconduct, each spouse’s financial status, and child custody arrangements. Whether your state adheres to community property laws (equal 50/50 split) or equitable distribution laws (fair but not always equal division) will also significantly impact the outcome.

Property Division by Length of Marriage

Very Short-Term Marriages (0–2 Years)

In very brief marriages, spouses often haven’t acquired significant joint assets. Courts usually award each person their separate property (assets owned before marriage and not mingled). If misconduct or early abandonment is proven, it may reduce the guilty party’s share even further.

Short-Term Marriages (Under 10 Years)

Here, the couple may have acquired some marital property or debt. Courts examine factors like income disparity, child custody, and fault (if applicable). If both spouses are employed and contributed equally, courts may opt for a near-equal split—adjusted for any wrongdoing.

Medium to Long-Term Marriages (10+ Years)

In marriages lasting over a decade, courts typically presume a deeper economic interdependence. As a result, property is often split 50/50, even in equitable distribution states. If fault or misconduct is involved, the judge may adjust the division accordingly. However, most modern divorces are no-fault, and misconduct rarely shifts the outcome significantly.

Does Length of Marriage Affect Alimony?

Yes, but it’s only one piece of the puzzle. Alimony (also known as spousal support) is influenced by multiple factors, including:

Each spouse’s financial condition and earning capacity

Employment status of the requesting spouse

Non-financial contributions to the marriage (e.g., caregiving)

Economic situation of the paying spouse

Existing child support obligations

Any proven marital misconduct

While longer marriages often result in longer or more substantial alimony awards, especially if one spouse sacrificed career growth, short-term marriages usually result in minimal or no alimony—particularly if both parties are financially independent.

Final Thoughts

If you’re considering divorce and wondering how the length of your marriage will affect your divorce settlement, property distribution, or spousal support, it’s crucial to understand how these factors interact under your state’s divorce laws.

Working with an experienced divorce attorney can ensure that your interests are protected—especially when dealing with long-term marriages, high-value assets, or contested alimony.