Separation and alimony

[Alex1176]

What is the name of your state (only U.S. law)? CA
Length of marriage is 1.5 years.
We live separate and both don't want at this time to file divorce or legal separation. I was the only bred provider, she did not worked. She is 24 y/o.
In California is common that after short marriages (less then 10 years) spousal support is payed for half of the marriage duration.
The question is, does the time after the separation is counted for alimony? So, if now I need to pay for 8 months, if we will file divorce after 5 years, I will need to pay 2.5 years, and the judge won't look at the fact that we separated for years?

 

[mistoffolees]

If you don't file for legal separation, then you're still married in every sense. The time still counts as married time.

HOWEVER, there is no firm rule that alimony goes for 1/2 of the length of the marriage - that's only a rough guide. You could possibly convince the judge to reduce alimony based on the fact that you were living separate for some of the time. No guarantees, though.

 

[CourtClerk]

If you don't file for legal separation, then you're still married in every sense. The time still counts as married time.

Disagree. Date of separation is what counts... and it's asked on the petition.

 

[mistoffolees]

Disagree. Date of separation is what counts... and it's asked on the petition.

OK. I thought that only applied for LEGAL separation, but I'll take your word for it.

Since that's the case, he will probably want to be able to prove the date of separation later so that she can't claim that they were still together.

 

[CourtClerk]

OK. I thought that only applied for LEGAL separation, but I'll take your word for it.

Please do...

FYI... the petition for dissolution and the petition for legal separation are the same form.