Family Law Questions? Ask a Family Lawyer Online.
Good Day! I'm a Family Law expert here at JA and will do my best to assist you. Please remember, though, I can only provide general information.
What was the duration of marriage (date of marriage up until date of physical separation)?
While I wait for that information I will give you some information. Basically in California, spousal support depends in part on the length of the marriage. A marriage that lasted for longer than 10 years is presumed to be a long term marriage, so support can be ongoing. For marriages less than 10 years, the rule of thumb is support for 1/2 the length of the marriage. However, support is not an entitlement per se. If she has been employed and self sufficient for 9 years, it is highly unlikely for the court to award spousal support, as there would be no need for it.
Final spousal support orders are based on the factors enumerated in FC section 4320:
Generally, while the courts have great discretion, it is rare for a judge to order spousal support 9 years after separation.
Ok. so I should make sure to request all this information from the other side..such as employment history, records, wages and so forth?
Actually they will need to include 2 paystubs with their income and expense declaration (form fl 150) and this should contain all of that information. Both parties need to exchange this form. Here is the form: http://www.courts.ca.gov/documents/fl150.pdf The courts use this information to determine support.
ok great. thanks.