Spousal support when the parties have not lived together

I am considering filing for divorce from my husband. We have been separated for almost 10 years, and have no children together, but have never filed for divorce. I am living in California, while my husband has resided in another state for almost 9 years. My question is this. Will I still be entitled to spousal support even though we have not resided together for an extended period?


Asked over 8 years ago in California
Categories: Family

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Christina McPherson

Answer by Christina McPherson

VerifiedCalifornia lawyer


I would say it's possible, but probably unlikely. In California, spousal support generally lasts for half the length of the marriage.  You don't say how long you have been married, but since you've resided apart without spousal support (presumably - the answer changes if he has been giving you money), then if you have been separated for more than half the length of the marriage, then spousal support will be difficult to get.  All situations are different, however, so my answer could change based on the details of your specific case.  You can find more information on my blog at www.mcphersonlawgroup.com.

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Christina McPherson, or search the Lawyer Directory.

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