QUESTION
If my husband and I have been separated for 6 years but not yet divorced, is that considered a long term marriage?
Asked on Jul 21st, 2014 on Divorce - California
More details to this question:
He was ordered 6 years ago to pay three and a half years of spousal support based on our marriage of 7 and a half years back then, but our divorce has never been finalized. Will he have to pay me for a long term marriage now?
6 ANSWERS
No, once you separated the accumulation of marital time ceased. He will owe you for the amount ordered by the court plus interest at 10 %. That will amount to a considerable amount. You should consult a family law attorney or facilitator to assist you in enforcing the support order.
Answered on Jul 24th, 2014 at 4:03 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Probably not. The separation began 6 years ago.
Answered on Jul 24th, 2014 at 3:52 AM
4 Awards
It is not a long term marriage. It is based on the period of your date marriage to the date of your separation.
Answered on Jul 23rd, 2014 at 2:54 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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No. A long term marriage is defined as one of 10 years or longer from the date of the marriage to the date of the separation. You may be separated, but not divorced for many years, but it does not add on to the length of the marriage unless you reunited and began living together as husband and wife during that time.
Answered on Jul 23rd, 2014 at 2:49 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No. The "Date of Separation" stops the marriage for the purposes of community property and the determination of the length of marriage.
Answered on Jul 23rd, 2014 at 2:46 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If you separated 6 years ago and that's the date of separation in the paperwork and you never got back together, the length of spousal support would probably not change. If you got back together then the length could change. See an attorney to discuss the details.
Answered on Jul 23rd, 2014 at 2:44 PM