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can I get spousal support after 15years seperated

  • Thread starter Thread starter MsDawn47
  • Start date Start date

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MsDawn47

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I was 17; he was 30 met in March of 1968. The fiscal & mental
Abuse started after I got pregnant. Son was born April 1969/then Daughter may 1970/then Daughter June 1971 and last son born Sept. 1972. Mental / fiscal abuse continued. He's alcaholic. 1986 my sons & I put him in alciholic treatment. From then on we lived apart.
Never divorced I worked , made good money, he never gave me child support money or any other support.
In 1991 I was diagnosed with Pedgets Disease (a degeneration of the spinal cord. He has medical insurance, as long as we stay married I'm covered.
my condition has gotten bad. I can't work. I'm filing for SSI
(6 mo-year)
. He retired about 1 year ago. Culinary union has a pension. But he couldn’t get it without me signing. I suffered at his hand for 18 years
He got a lump sump of $20,000.00, I got none.

Am I in my right to have expected some of that, and now that I can't work can I get spousal support?
 


I AM ALWAYS LIABLE

Senior Member
MsDawn47 said:
I was 17; he was 30 met in March of 1968. The fiscal & mental
Abuse started after I got pregnant. Son was born April 1969/then Daughter may 1970/then Daughter June 1971 and last son born Sept. 1972. Mental / fiscal abuse continued. He's alcaholic. 1986 my sons & I put him in alciholic treatment. From then on we lived apart.
Never divorced I worked , made good money, he never gave me child support money or any other support.
In 1991 I was diagnosed with Pedgets Disease (a degeneration of the spinal cord. He has medical insurance, as long as we stay married I'm covered.
my condition has gotten bad. I can't work. I'm filing for SSI
(6 mo-year)
. He retired about 1 year ago. Culinary union has a pension. But he couldn’t get it without me signing. I suffered at his hand for 18 years
He got a lump sump of $20,000.00, I got none.

Am I in my right to have expected some of that, and now that I can't work can I get spousal support?


My response:

Highly doubtful. You've lived apart for far too long without need of support from him. In dissolution and legal separation proceedings, the court may order a party to pay for the support of the other party. [Fam C §4330] Thus, spousal support is not a mandatory requirement. Rather, it is something that must be determined according to the needs of both parties and their respective abilities to meet those needs. In making such determination, the court has broad discretion, an abuse of which occurs only when it can be said that no judge reasonably could have made the same order. [In re Marriage of Meegan (1992, 4th Dist) 11 Cal App 4th 156, 13 Cal Rptr 2d 799]

IAAL
 

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