Spousal Support

[Sunny5]

Jurisdiction

California

Hi,
My ex-husband is asking for interim spousal support, more than 3 years after separation citing reasons that he is unemployed and going to law school full-time. He was employed and was earning 165 K/year while I was unemployed at the time we separated. In the last 3 years, he has filed several cases to harass me including nullity, DVRO, civil case, and multiple appeals. He lost on nullity but the judge granted a mutual DVRO (unfair ruling).
I was granted bifurcation 4 months back but the settlement and property division is still pending. Legally, can he ask for the spousal support 3 years after separation? He has admitted in the court that he is not looking for a job because he wants to attend law school full time. I was married to him for only 1.5 years.

 

[zddoodah]

I assume that the bifurcation resulted in the termination of the marriage, with the other issues still pending. Correct?

It might be helpful if you provided dates for the following because your timeline doesn't really make sense (in particular, your claim that were "married to him for only 1.5 years doesn't make sense in light of your statements that you have been separated for three years and that the court bifurcated the case four months ago):

1. Date of marriage.
2. Date of separation.
3. Date of bifurcation order.
4. Date of judgment of dissolution of marriage.

Legally, can he ask for the spousal support 3 years after separation?

No law exists or has ever existed that prohibits a person from asking anything at any time. Is this really what you intended to ask?

 

[Sunny5]

I assume that the bifurcation resulted in the termination of the marriage, with the other issues still pending. Correct?

It might be helpful if you provided dates for the following because your timeline doesn't really make sense (in particular, your claim that were "married to him for only 1.5 years doesn't make sense in light of your statements that you have been separated for three years and that the court bifurcated the case four months ago):

1. Date of marriage.
2. Date of separation.
3. Date of bifurcation order.
4. Date of judgment of dissolution of marriage.



No law exists or has ever existed that prohibits a person from asking anything at any time. Is this really what you intended to ask?

But can he be awarded temporary spousal support legally?

Date of marriage: 12 July 2014
Date of separation: 5 November 2015
Date of bifurcation order: 15 October 2018
There was a trial for nullity which he lost but filed an appeal against the order. In my response, I had filed for dissolution. Based on the advice of my attorney I didn't file a motion for bifurcation when the appeal on nullity was pending. The appeal on nullity was finally adjudicated after 1.5 years, subsequent to which I filed for bifurcation which was granted on 15 Oct 2018. He is unwilling to settle this case outside of the court and demanding outrageous amount $250k.

 

[adjusterjack]

But can he be awarded temporary spousal support legally?

My common sense tells me that it shouldn't happen but CA is such a whacko state that I suppose anything can happen.

What does your lawyer say about it?

 

[army judge]

can he ask for the spousal support 3 years after separation?

He can petition the court for anything he can conceive.

I doubt that any sane judge would award the beggar any spousal support three years AFTER the divorce, which ended an 18 month "troubled" marriage.

If you want to put a stop to this madness, speak with a licensed CA attorney.

 

[zddoodah]

Date of marriage: 12 July 2014
Date of separation: 5 November 2015
Date of bifurcation order: 15 October 2018
There was a trial for nullity which he lost but filed an appeal against the order. In my response, I had filed for dissolution. Based on the advice of my attorney I didn't file a motion for bifurcation when the appeal on nullity was pending. The appeal on nullity was finally adjudicated after 1.5 years, subsequent to which I filed for bifurcation which was granted on 15 Oct 2018. He is unwilling to settle this case outside of the court and demanding outrageous amount $250k.

Ok, so your statement that you were "married to him for only 1.5 years" was not true. Assuming the bifurcation order resulted in an order granting the dissolution of the marriage, you were married for four years and three months.

But can he be awarded temporary spousal support legally?

Yes.

I assume what you really want is some sort of reliable assessment of the likelihood that the court will order support, but that's not something you can get from anonymous strangers on the internet who have virtually no information about you or your ex or the case as a whole. You can read the factors that courts consider when ruling on a petition for spousal support here. As you will see the fact that you separated only 15 months after marrying and have been separated for over three years is advantageous to you.