La Crescenta, CA asked in Divorce for California

Q: Does it matter how long I have been separated to qualify for alimony?

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2 Lawyer Answers
Tobie Brina Waxman
Tobie Brina Waxman
  • Culver City, CA
  • Licensed in California

A: Under certain circumstances it does matter. For example, if you've been separated a long time (i.e. years) and never asked for alimony the assumption will be that you have achieved the goal of being self-supporting and don't need it.

James L. Arrasmith
James L. Arrasmith PRO label
  • Sacramento, CA
  • Licensed in California

A: I agree with Tobie. If the other side can demonstrate that you are self-supportive already, it may negatively impact your ability to obtain spousal support. The court may ponder that, if you have been separated for so long and still been able to support yourself, why would you need support now?

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