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  #1  
Old 07-02-2008, 06:48 PM
Junior Member
 
Join Date: Jul 2008
Posts: 1

Question regarding Family Law


Hi I was wondering if someone files for legal separation, does that
give them the right to have spousal support? And is there a law in
california that says if you are married to someone for ten years, you
are legally bound to give financial support forever? Why would u think
someone would choose legal separation and not file for divorce? Thanks
so much for your time and I apologize for so many questions, I'm just
not knowledged in this area. Thanks again!
  #2  
Old 07-02-2008, 07:22 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 34,570
Quote:
Originally Posted by rcparsad View Post
Hi I was wondering if someone files for legal separation, does that
give them the right to have spousal support? And is there a law in
california that says if you are married to someone for ten years, you
are legally bound to give financial support forever? Why would u think
someone would choose legal separation and not file for divorce? Thanks
so much for your time and I apologize for so many questions, I'm just
not knowledged in this area. Thanks again!
No such law regarding permanent spousal support. Legal separation is chosen for purposes such as maintaining health insurance.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 07-02-2008, 07:27 PM
Senior Member
 
Join Date: May 2004
Posts: 43,949
Quote:
Originally Posted by rcparsad View Post
Hi I was wondering if someone files for legal separation, does that
give them the right to have spousal support? And is there a law in
california that says if you are married to someone for ten years, you
are legally bound to give financial support forever? Why would u think
someone would choose legal separation and not file for divorce? Thanks
so much for your time and I apologize for so many questions, I'm just
not knowledged in this area. Thanks again!
Spousal support is possible in a legal separation. No a 10 year marriage doesn't mean that spousal support would be forever or would necessarily be ordered at all. Spousal support depends on a whole host of factors.

You should really explain the background behind your questions, you will get better advice.
__________________
in vino veritas
  #4  
Old 07-02-2008, 07:31 PM
Senior Member
 
Join Date: Jan 2003
Posts: 19,962
There is no law that the fact of simply being married for ten or more years means one is entitled to alimony. MY spouse and I have a twelve year marriage, and there would be NO reason either of us should get alimony should we ever break up. There are several factors that come into play in determining IF there is any valid reason alimony should be awarded.
__________________
Adoptive parents ARE "real" parents. Sharing genes is not what makes you a "parent"!
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