Modesto, CA asked in Family Law for California

Q: Does separation count against the length of marriage ?

Husband wants to separate right before the 10 year mark to prevent me from any after 10 years benefit. I'm disabled.

He's been the main provider for the family ,He's been in my children life since they were 1&3 supporting them financially as well..

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: Date of separation marks the end of the community. If the length of marriage form date of marriage to date of separation is less than 10 years, then yes, it can impact your rights to support and division of property. However, there are exceptions. Whether those exceptions apply in your case, I can't say without further or additional information. Consult with an attorney in your area.

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James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, the length of a marriage is generally calculated from the date of the marriage to the date of separation. Therefore, if your husband separates from you before the 10-year mark, it could affect your eligibility for certain benefits that are only available to spouses who have been married for 10 years or more. However, there may be exceptions or nuances in your specific situation that could impact this determination. It would be best to consult with a family law attorney in California who can evaluate your case and advise you on your legal rights and options.

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