Alimony Reform Revisited

The following is the first full paragraph of the above-titled article on Huffingtonpost, the Blog, written by an American lawyer:

I have previously written on the need for alimony reform. California law affecting what we call "spousal support" creates a situation where the supported spouse has, in many cases, little if any incentive to work. Moreover, the legal presumption that one who is married for ten years or more is entitled to support until death or remarriage is patently unfair, mandating that the payor of support continue to fund the recipient's lifestyle for years far beyond the duration of the marriage. Rather than being rehabilitative, our spousal support laws reward the spouse who historically did not work or made less income to the expense of the higher earning spouse.

The boldfaced portion is the content of the legal presumption.

My first question is whether the present simple tense (is) is correct in context.

If it is correct as is, my second question is whether the present perfect (has been) can be used instead as in "...one who has been married for ten years or more is entitled to...".

My third question is whether the boldfaced portion can be possible English if used in an independent clause as in "he/she is married for ten years" as opposed to "he/she has been married for ten years".