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Ask LawTalk Your Own Question
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 34884
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My wife wants a 6 month trial separation,we live in Ca. If

Customer Question

My wife wants a 6 month trial separation,we live in Ca. If she decides she wants a divorce,does that impact me at all as in alimony,retirement. She makes a lot more then I do and has for several years.
Submitted: 6 months ago.
Category: Family Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.Let me know if you don't want a call and I will be happy continue here with an answer for you.Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. Is the agreement to separate but try to make the marriage work?2. Are you asking whether a 6 month separation will effect your spousal support entitlement?Thanks in advance,Doug
Customer: replied 6 months ago.
#2 is what I'm most concerned about
Expert:  LawTalk replied 6 months ago.
How many years have you been married? Are you interested in that call?Doug
Customer: replied 6 months ago.
28 years and can't do the phone call but thank you
Expert:  LawTalk replied 6 months ago.
Good afternoon, If you have been married 28 years already then there will not be any harm in a 6 month separation period before one of you files for divorce. If her income is significantly greater than yours, then you will still be eligible for spousal support. As for your share of her retirement benefit she may argue that the separation concluded the marriage and that your right to increases in the retirement ended as of the date of the separation. It was this very complex issue of separation date and entitlement to retirement benefits that I had wanted to call you about. But you will still be entitled to a share of her retirement as well as spousal support. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.I wish you and yours the best in 2016,Doug
Expert:  LawTalk replied 6 months ago.
Hi, Do you have any additional questions?Doug

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