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State Specific Community Forums >> California Issues

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lvmsleader
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Reged: 04/26/09
Posts: 2
Spousal support
      #526402 - 04/26/09 07:52 PM

We are trying to do a "do it yourself" divorce. How long is spousal support usually paid? I heard that it is usually 1/2 of the time of the marriage. Does anyone know?

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Cinder2
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Reged: 06/02/05
Posts: 4335
Loc: Southern California
Re: Spousal support [Re: lvmsleader]
      #526413 - 04/26/09 09:30 PM

It is usually half the length of the marriage if you were married less than ten years, but honestly, any judge can decide anything. :) Good luck on the do-it-yourself divorce because you can really save a lot of assets that way.

BTW, I read your other post and I'm pretty sure that legally the judge only considers this marriage and not any previous. However, morally, you should probably consider the entire length of your marriage.

Does your wife have a job? Is she going to be able to support herself either now or eventually with some training?

Cinder


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Michelle3
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Reged: 05/08/09
Posts: 5
Re: Spousal support [Re: Cinder2]
      #536419 - 05/20/09 02:48 AM

I have been married for 18years. But Separated from my husband from 2004 (together 13yrs) and am finalizing the divorce, my attorney says that I can only get 1 and 1/2 years spousal support because the 1 and 1/2 years plus the 5 year separation equals half of the time that we were married.
Any information on this?
In the five years separated he hasn't paid any child or spousal support
Thanks


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Cinder2
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Reged: 06/02/05
Posts: 4335
Loc: Southern California
Re: Spousal support [Re: Michelle3]
      #536581 - 05/20/09 11:39 AM

If I were his lawyer, I would argue that you have been self-supporting for five years so you clearly do not need any spousal support. Have you had a job these last five years? Why did you never file for child support? Usually people get that within a couple of months of separation.

Cinder


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SoCalMommy
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Reged: 11/14/09
Posts: 2
Re: Spousal support [Re: Cinder2]
      #599628 - 11/14/09 06:43 PM

I wasnt scared until now. I am also in a similar situation. I have been married for 10 years. I left my husband, we filled for divorce, tried to work things out for two years, and now we have court on Tuesday.

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