QUESTION
Can I ask for spousal support if I have been separated for almost eleven years?
Asked on Dec 10th, 2012 on Divorce - California
More details to this question:
We were married and living together for three and a half years. He left me high and dry, except for some monies he floated me in order to pay our debt. (Most were in my name). He always made good money, makes even better money now. I have been struggling for the past eleven years. I went back to school five years ago and earned my B.A. I am now enrolled in a Master's Program but have accumulated over 36,000 dollars in student loan debt. Do I have a legal claim for spousal support even though I haven't seen my husband in almost eleven years? I told him three days ago that I want to get a divorce.
5 ANSWERS
You can ask but you probably will not succeed.
Answered on Apr 24th, 2013 at 2:01 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You can always ask, yes.
Answered on Apr 24th, 2013 at 2:00 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The court in CA is unlikely to grant support. The purpose of support is to help you set up a new life. Since you have been out of the relationship 11 years, temporary support would normally not be available to you that usually only lasts about 1/3rd the marriage unless you were together over 10 years.
Answered on Dec 17th, 2012 at 3:39 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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See an attorney. If you've managed without support for 11 years the court may not want to give you anything or an amount for half the length of the marriage.
Answered on Dec 10th, 2012 at 12:15 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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Given the relatively brief length of time you were together versus the eleven years since you separated I think a spousal support award at this late date to be unlikely. It would turn on whether you could convince a judge that it would be inequitable (=unfair) to allow someone in his superior economic position to avoid any responsibility to support you rather than have you supported by the state.
Answered on Dec 10th, 2012 at 11:13 AM