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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 3468
Experience:  Experienced Family Law Attorney
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I have been separated from my wife since 2004. I now filed

Resolved Question:

I have been separated from my wife since 2004. I now filed for official divorce since there is no reason to be married. I have paid child support and the only real issues are the pension I paid into during the 3 years I had it while married and the divorce. Now she indicates that she will be requesting spousal support. Can she obtain spousal support? It has been 9 years. She is employed and has been with someone else since htat time.
Submitted: 10 months ago.
Category: Family Law
Expert:  LegalGems replied 10 months ago.

LegalGems :

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.

LegalGems :

What was the duration of marriage (date of marriage up until date of physical separation)?

LegalGems :

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.

LegalGems :

Final spousal support orders are based on the factors enumerated in FC section 4320:

LegalGems :

  • The length of the marriage or domestic partnership;

  • What each person needs based on the standard of living they had during the marriage or domestic partnership;

  • What each person pays or can pay (including earnings and earning capacity) to keep the standard of living they had during the marriage or domestic partnership;

  • Whether having a job would make it too hard to take care of the children;

  • The age and health of both people;

  • Debts and property;

  • Whether 1 spouse or domestic partner helped the other get an education, training, career, or professional license;

  • Whether there was domestic violence in the marriage or domestic partnership;

  • Whether 1 spouse’s, or domestic partner’s, career was affected by unemployment or by taking care of the children or home; and

  • The tax impact of spousal support (note: federal and state tax laws have not been changed to recognize domestic partnerships).

LegalGems :

Generally, while the courts have great discretion, it is rare for a judge to order spousal support 9 years after separation.

Customer:

Ok. so I should make sure to request all this information from the other side..such as employment history, records, wages and so forth?

LegalGems :

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.

Customer:

ok great. thanks.

LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 3468
Experience: Experienced Family Law Attorney
LegalGems and 2 other Family Law Specialists are ready to help you
Expert:  LegalGems replied 10 months ago.
I hope you found the information I provided useful.
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Thanks, and take care!

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