Spousal Support in California

[Morganstan]

What is the name of your state (only U.S. law)? California

Facts:
- We have been married for 6 years on and off - probably spent a year total separated during the marriage: first time we separated for about 6 months 2 years into the marriage and another 6 months about 2 years after that. Previous 2 instances we were separated I didn't require any support (e.g. I was self-supporting)
- I have held various jobs on and off during the marriage. Most recently 2 years ago making $40k. She makes $100k
- We have no children
- We have no MSA (Marital Settlement Agreement) - divorce was granted by default since I wasn't involved and didn't want to be involved in the divorce proceedings (though I did want a divorce)
- There are no court orders for spousal support, though, I've been receiving from my former spouse $2500 a month
- Property and debt was split with $20k in my favor (no MSA mind you)
- We are both in our early 30s

Will a judge grant spousal support to me in the form of $2500 a month? Less? None? Marriage length too short?

 

[Zigner]

What is the name of your state (only U.S. law)? California

Facts:
- We have been married for 6 years on and off - probably spent a year total separated during the marriage: first time we separated for about 6 months 2 years into the marriage and another 6 months about 2 years after that. Previous 2 instances we were separated I didn't require any support (e.g. I was self-supporting)
- I have held various jobs on and off during the marriage. Most recently 2 years ago making $40k. She makes $100k
- We have no children
- We have no MSA (Marital Settlement Agreement) - divorce was granted by default since I wasn't involved and didn't want to be involved in the divorce proceedings (though I did want a divorce)
- There are no court orders for spousal support, though, I've been receiving from my former spouse $2500 a month
- Property and debt was split with $20k in my favor (no MSA mind you)
- We are both in our early 30s

Will a judge grant spousal support to me in the form of $2500 a month? Less? None? Marriage length too short?

Since the divorce is final (ie: granted by default) and since spousal support wasn't mentioned, then no, I don't see you getting any spousal support.

 

[tranquility]

Do you have an iPhone?

https://itunes.apple.com/us/app/cflr-dissomaster/id467108693?mt=8

 

[Morganstan]

So if it is not mentioned in the judgement, I don't get any spousal support and can't contest it? Does the FL-180 (Judgement form in California) have to have checkboxes marked for "Reserving jursidiction" under spousal support in order to make decisions in the future regarding this financial matter? I'm trying to understand if it's something I should pursue or is an impossibility given my judgement and case.

 

[Zigner]

So if it is not mentioned in the judgement, I don't get any spousal support and can't contest it? Does the FL-180 (Judgement form in California) have to have checkboxes marked for "Reserving jursidiction" under spousal support in order to make decisions in the future regarding this financial matter? I'm trying to understand if it's something I should pursue or is an impossibility given my judgement and case.

I would suggest that you consult with an attorney to be absolutely sure. But, from what you have posted, your divorce is already finalized.

 

[single317dad]

How long ago was the divorce finalized?
Has she sent any of these $2500 payments since the divorce was final?
If so, how many?
Was there an agreement between the parties regarding the payment of $2500/month?
If so, was there a specific length of time for these agreed payments to continue?
Is there anything at all in writing regarding the payments?

 

[Morganstan]

How long ago was the divorce finalized?
Has she sent any of these $2500 payments since the divorce was final?
If so, how many?
Was there an agreement between the parties regarding the payment of $2500/month?
If so, was there a specific length of time for these agreed payments to continue?
Is there anything at all in writing regarding the payments?

Even before. They were sent while the divorce as ongoing. Total of 7 months now and have stopped. There was a verbal agreement and an email exchange, but nothing was signed or formalized. The initial draft was for 36 months, but verbally said that she would only do it if the courts ordered it. It was never part of the MSA (there was none) and there are no court orders for spousal support.

 

[LdiJ]

Even before. They were sent while the divorce as ongoing. Total of 7 months now and have stopped. There was a verbal agreement and an email exchange, but nothing was signed or formalized. The initial draft was for 36 months, but verbally said that she would only do it if the courts ordered it. It was never part of the MSA (there was none) and there are no court orders for spousal support.

Then you don't get spousal support. Its that simple, unless you want to try to vacate the default divorce judgment and that is unlikely to happen since you voluntarily defaulted.

 

[Morganstan]

Then you don't get spousal support. Its that simple, unless you want to try to vacate the default divorce judgment and that is unlikely to happen since you voluntarily defaulted.

I get that I don't get spousal support, but can I request it now? Sorry, just want to clarify.

 

[Antigone*]

I get that I don't get spousal support, but can I request it now? Sorry, just want to clarify.

Nope. You really need to support yourself.

 

[LdiJ]

I get that I don't get spousal support, but can I request it now? Sorry, just want to clarify.

No, its too late to request it. However, even if it wasn't too late, there is the issue of the length of your marriage. It was fairly short.

 

[Morganstan]

To summarize, I CAN request, but it is unlikely it will be granted and probably just be wasting time. Does that sum it up?

 

[Antigone*]

To summarize, I CAN request, but it is unlikely it will be granted and probably just be wasting time. Does that sum it up?

No, it does not. Your divorce is final, done, ended.


I don't know about you guys, but a specific Kanye West song keeps playing in my head!

 

[Zigner]

No, it does not. Your divorce is final, done, ended.

Of course, by that you mean "Yes, by all means it's possible", right?



(for the OP: That was SARCASM)

 

[LdiJ]

To summarize, I CAN request, but it is unlikely it will be granted and probably just be wasting time. Does that sum it up?

No, that doesn't even remotely sum it up. To sum it up, its too late to request alimony. You had to do it BEFORE the divorce was final.