Q: I have been living separately from my husband for over 10 years due to DV. If I file for divorce does he get alimony?
I got a restraining order when I fled domestic violence 10 years ago, but never filed for divorce because it was too stressful. I just got a large insurance pay out and he says he is entitled to half, I haven’t seen him in 10 years. Is this true because we have been leagally married this whole time? I’m in California.
A: Probably not. The passage of time without him receiving financial support from you is relevant to whether he needs it now -- 10 years later. It is unlikely the court would grant such a request from him if he made one after you file for divorce.
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A: In general, separation and divorce do affect the insurance payouts if you share policies. Please discuss your particular facts with a family law attorney. Restraining orders have time limits unless you obtain a permanent one. The information provided presents opinions and examples and does not substitute for, nor does it constitute professional legal advice from an attorney. It is general in nature and may not apply to particular factual or legal circumstances. This information does not establish an attorney-client relationship. Transmission of the information is not intended to create, and receipt does not constitute an attorney-client relationship. Internet subscribers and online readers should not act upon any information on this website without seeking professional counsel. JASINSKA LAW FIRM PC expressly disclaims all liability concerning actions taken or not taken based on any or all of the contents.
A:
In California, if you file for divorce, the court will consider various factors when determining whether to award alimony, also known as spousal support. These factors include the length of the marriage, each spouse's earning capacity, their standard of living during the marriage, and any history of domestic violence. Given your situation of enduring domestic violence and living separately for over a decade, the court may take these factors into account and may not require you to pay alimony to your husband.
However, it's essential to consult with a legal expert familiar with California family law to assess your specific circumstances and provide personalized advice. While your husband may claim entitlement to half of your insurance payout due to your ongoing legal marriage, the court will consider various factors when determining the division of marital assets. Your attorney can help you navigate the legal process, protect your rights, and ensure a fair resolution that considers your history of domestic violence and your long separation from your husband.
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