Hayward, CA asked in Divorce for California

Q: I am recently divorced and did not know i was eligible for alimony i was married 25 years is it to late to file

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2 Lawyer Answers
Mr. David Thomas Pisarra
Mr. David Thomas Pisarra
Answered
  • Santa Monica, CA
  • Licensed in California

A: You may be able to seek alimony (spousal support) depending on whether or not the court kept jurisdiction over the issue. Your marriage would qualify as being one of "long duration" which means the court could have kept jurisdiction over Alimony. You should speak to an attorney to determine what your final judgment says about alimony.

It is quite possible that you the right to seek alimony.

Ute Ferdig
Ute Ferdig
Answered
  • Newcastle, CA
  • Licensed in California

A: It would be very unusual for the court to terminate jurisdiction to award spousal support after a long term marriage (10 years or more). While it is possible to waive the right to receive spousal support even after a long term marriage, the waiver has to be clear and unequivocal. So, if you signed a written waiver of spousal support without knowing that you were entitled to spousal support, it would appear that the waiver was not clear and unequivocal. I suspect that you were not represented by an attorney during the divorce and now would be a good time to consult with an attorney to discuss your spousal support rights. If you indeed waived your spousal support rights, it's important for you to act swiftly and file a motion to challenge the waiver. You can't sit on your rights and do nothing and then raise the issue years later. The longer you wait, the less likely the court will let you set aside the waiver. If you did not waive your right to spousal support, you still need to file a motion for spousal support as the court will not give it to you on its own motion. Good luck with pursuing your rights.

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