spousal support

[jeny8]

What is the name of your state? CA

I have a question regarding my live-in boyfriend's spousal support. It's kinda petty so please forgive me but if you knew his money hungry ex!! Well his ex was getting spousal support until my boyfriend got laid off his job and they went to court and its temp. stopped right now but she has the right to go back and get it--she was on it for 18months. Well her lawyer said they were married 10years and you know what that means! Well when I looked at the papers I noticed it was not 10years exactly-- they started the paper work about 10days shy of being their 10yr anniv. Could that prevent her from getting spousal support for the rest of her life? she is capable of work and has worked alot until she filed for divorce. !!How long does he have to pay and does the dates really matter? Please help!!! Thanx

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

I have a question regarding my live-in boyfriend's spousal support. It's kinda petty so please forgive me but if you knew his money hungry ex!! Well his ex was getting spousal support until my boyfriend got laid off his job and they went to court and its temp. stopped right now but she has the right to go back and get it--she was on it for 18months. Well her lawyer said they were married 10years and you know what that means! Well when I looked at the papers I noticed it was not 10years exactly-- they started the paper work about 10days shy of being their 10yr anniv. Could that prevent her from getting spousal support for the rest of her life? she is capable of work and has worked alot until she filed for divorce. !!How long does he have to pay and does the dates really matter? Please help!!! Thanx

My response:

No. The statutory presumption does not rule out a finding that less-than-10-year marriages are of "long duration" for purposes of retaining spousal support jurisdiction. [Ca Fam § 4336(b)] After evaluating and weighing the underlying facts and circumstances, trial courts have discretion to determine--without the aid of a presumption--that shorter marriages are "lengthy." [See Marriage of Heistermann (1991) 234 Cal.App.3d 1195, 1202, 286 Cal.Rptr. 127, 132--retention of jurisdiction rule "can, under proper circumstances, apply equally to a medium length marriage" (8-year, 11-month marriage); Marriage of Baker (1992) 3 Cal.App.4th 491, 499, 4 Cal.Rptr.2d 553, 557 (marriage just under 10 years)]

Read the order to answer the rest of your questions.

IAAL