Legal Question in Family Law in California

Time limit for filing for divorce....To not lose support rights..

I've been separated 10mths from my husband. No paperwork started yet. I have no income, living with my father, so he's been supporting me. Don't want to lose my right to spousal support. By waiting too long. Is there a statute of limitation regarding this ? Where if I've been able to get by without asking for support this long, the court could decide I don't need it ? I'm currently temp. disabled, recovering from cervical fusion surgery. Work Comp. has stopped my pymts. Getting new Dr. etc. Being reason I'm unable to work. I'm also applying for MediCal for medical and financial asst. My husband graduated from Chiropractic school last year. Is building business very quickly, low overhead since he's associating with established Dr. in 2 health clubs. Was kinda waiting to see how much income he will show to improve my case. He's been a student the entire 10 years of our marriage. I worked contributing support. Should I wait to file until after 1st of year ? Also, how long can I ask for spousal support? I believe to figure amt. take 40% of husbands income, then divide by 1/2 of wifes? Iwas thinking of just asking for $1,000.00 amth for 3 years...What do you suggest?


Asked on 12/16/05, 4:25 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Time limit for filing for divorce....To not lose support rights..

There is no time limit on obtaining filing for a divorce and requesting spousal support. The amount of support is determined by your need and his ability to pay. The length of time that he would pay support depends upon the facts of your case. The goal is for the supporte spouse to become self sufficient in a time equal to 1/2 the length of the marriage. This is only a goal and is not mandatory. Further after a lengthy marriage, 10 years or more, the court cannot terminate spousal support without finding that the supported spouse is able to support themself, in a manner similar to that enjoyed during the marriage. A consulatation with an attorney will help you learn your options and then make the best choice.

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Answered on 12/18/05, 11:36 pm


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