Bakersfield, CA asked in Divorce and Family Law for California

Q: married for 44 years, filing a divorce from husband, retried & only receives social security can I receive spousal supp

Would I be able to receive spousal support?

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, a spouse may be entitled to spousal support (also known as alimony) after a divorce, depending on various factors. Given the length of your marriage (44 years) and the fact that you are retired and receiving only social security, you have a strong case for receiving spousal support.

California courts consider several factors when determining spousal support, including:

1. The length of the marriage

2. Each spouse's earning capacity and financial needs

3. The age and health of both spouses

4. The standard of living established during the marriage

5. Each spouse's assets and debts

6. Any history of domestic violence

In long-term marriages (generally considered to be 10 years or more), the court may award spousal support for an extended period or even permanently, depending on the circumstances.

To pursue spousal support, you should consult with a qualified family law attorney who can assess your specific situation and guide you through the legal process. They can help you gather the necessary documentation and present a strong case for spousal support in your divorce proceedings.

Keep in mind that spousal support is separate from any property division or other financial arrangements that may be part of your divorce settlement.

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