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Roger, Attorney
Category: Family Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Is there a statue of limitations on how long you can be

Customer Question

Is there a statue of limitations on how long you can be seperated before asking for alimony? And if so, what is the time limit - we have been seperated (not legally) almost 3 years
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist.
If you have not legally separated or divorced, then you haven't lost the right to seek alimony or spousal support....but generally, you must file an action in order to ask the court for support/alimony.
That said, the longer you wait to divorce, the harder it could be to get the court to grant support for you.......The reason is that alimony is need-based, so in order to be granted support, you must prove that you need money from him in order to maintain your current standard of living. But, it there is proof that you can make it without his money, the court could decline to award alimony.
So, the sooner you file and ask for alimony, the more likely it is that you'll receive it.