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:
The following is a CA statute:
4336. (a) Except on written agreement of the parties to the
contrary or a court order terminating spousal support, the court
retains jurisdiction indefinitely in a proceeding for dissolution of
marriage or for legal separation of the parties where the marriage is
of long duration.
(b) For the purpose of retaining jurisdiction, there is a
presumption affecting the burden of producing evidence that a
marriage of 10 years or more, from the date of marriage to the date
of separation, is a marriage of long duration. However, the court
may consider periods of separation during the marriage in determining
whether the marriage is in fact of long duration. Nothing in this
subdivision precludes a court from determining that a marriage of
less than 10 years is a marriage of long duration.
(c) Nothing in this section limits the court's discretion to
terminate spousal support in later proceedings on a showing of
changed circumstances.
(d) This section applies to the following:
(1) A proceeding filed on or after January 1, 1988.
(2) A proceeding pending on January 1, 1988, in which the court
has not entered a permanent spousal support order or in which the
court order is subject to modification.
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.
