Full question:
I did not check the box for spousal support at the time of my divorce because my ex-husband was unemployed. The judge reserved my right to ask for spousal support at a later time because it was a long standing marriage of 28 years. Now my ex-husbands attorney is questioning whether the judge had the legal right to reserve my right to spousal support. Is there a case where a judge ruled in this way and it was legal for the judge to do so?
- Category: Divorce
- Date:
- State: California
Answer:
In California, the law allows a judge to retain jurisdiction over spousal support indefinitely in long-duration marriages, which are generally considered to be ten years or longer (Cal. Fam. Code § 4336). This means that even if you did not request spousal support at the time of divorce, the judge can reserve your right to seek it later. The law presumes that a marriage lasting 10 years or more is long duration, but the court can also determine that a shorter marriage qualifies as long duration based on specific circumstances.
Furthermore, the court has the discretion to modify or terminate spousal support in future proceedings if there are changed circumstances. Therefore, the judge's decision to reserve your right to spousal support appears to be legally valid under California law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.