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Is support is provided upon spouse living separate on agreement?

Is support is provided upon spouse living separate on agreement?

Q: How to get your ex to pay alimony?

To enforce alimony payments, you may need to file a motion in court if your ex is not complying with the support order. Provide evidence of the original agreement and any missed payments. The court can take actions such as wage garnishment or other enforcement measures to ensure compliance with the alimony order.

Full question:

I live in California. My husband and I got mutually separated two months ago due to differences between us. I would like to know if my husband be responsible for spousal support?

Category: Divorce
Subcategory: Legal Separation
Date: 04/07/2025
State: California

Answer:

In California, the spouse is not responsible to provide support to his or her spouse when the parties have agreed to live separately from each other unless the support is stipulated in the agreement.

The relevant statute is given below.

Cal Fam Code § 4302 reads:

“A person is not liable for support of the person's spouse when the person is living separate from the spouse by agreement unless support is stipulated in the agreement.”

Therefore, your husband shall be liable to support you if the support is stipulated in the agreement.

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.

FAQs

How does separation affect alimony?

In California, separation can impact alimony, also known as spousal support. If spouses mutually agree to live apart, one spouse is generally not obligated to support the other unless specified in a separation agreement. This means that if no agreement exists, alimony may not be awarded. It's essential to document any financial arrangements during separation to clarify support responsibilities.

Who qualifies for alimony in MN?

In Minnesota, alimony, or spousal maintenance, may be awarded based on several factors, including the length of the marriage, the financial resources of each spouse, and the standard of living during the marriage. The court considers the recipient's need for support and the payer's ability to provide it. Each case is unique, so it's crucial to consult legal advice for specific situations.

How to get your ex to pay alimony?

How long after separation can you get alimony?

In California, you can seek alimony after separation, but the specific timing depends on your circumstances and whether a formal divorce has been filed. If you have a separation agreement that includes support provisions, you can request alimony according to those terms. If not, you may need to wait until divorce proceedings begin to address spousal support.

What qualifies for alimony in NC?

In North Carolina, alimony is determined based on various factors, including the duration of the marriage, the financial needs of the spouse seeking support, and the other spouse's ability to pay. The court will also consider marital misconduct and the standard of living established during the marriage. Each case is assessed individually.

What disqualifies you from spousal support in California?

In California, several factors can disqualify a spouse from receiving spousal support. These include a mutual agreement to live separately without support provisions, evidence of marital misconduct, or if the recipient is self-sufficient and does not need financial support. The court evaluates each case based on its specific circumstances.