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Hi everyone, I’m Dr. Michael Mantell, privileged as always to be joining Bonnie Rabinovitch-Mantel, who is the managing partner and owner of the Primus Family Law Group. Hi, Bonnie. Hi, Michael.
How are you doing today? Doing well. How are you doing? I’m doing okay. Good.
Interesting question for you. I don’t know how long an answer this is going to be, but someone files for divorce, the court hearing is done, the judge has ruled, both sides go their separate ways, and then someone says, hey, I want spousal support. Can I go back and open that up and possibly obtain spousal support after the decision has been made that there is no spousal support? You know what? As all attorneys, I’m going to tell you two words.
It depends. Let me explain why it depends. If you’ve been married longer than 10 years and your judgment is unlikely to have terminated support, we don’t do that in California.
If you’ve been married a long, long time, we’re not going to terminate your right to ask for it. Let’s say after your judgment, something happens. You lose your job, you get hit by a bus and live, and all of a sudden you can’t take care of yourself.
If you’ve been in a long-term marriage, and even if your judgment at that time said no support, you might be able to get spousal support if your circumstances warrant it. Now, it’s a little different if you’ve been in a short-term marriage. If you’re in a short-term marriage, you’re only entitled to spousal support for half the length, as you already know, right? So, it depends how long after the judgment.
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If it’s several years later, you’re probably less likely to get it. And if you’ve waived your right to request spousal support in your judgment, you can’t go back. So, it depends.
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Are there any reasons that just flat out a judge would say no? Well, yes. Let’s say you were married three years, and five years after your judgment is final, you’re trying to get spousal support. No.
Or if you’re in your agreement, you said, I will forever, ever, ever, never, ever ask any court for spousal support from this marriage, and then you go ahead and try to do that, the judge will say no. Even if you were married for more than 10 years? Correct. Okay.
So, again, the wisdom of the attorney at Primus Family Law is very important in guiding someone’s decision-making at the time of a divorce, because you don’t know what’s going to happen a couple of years later. Correct. And if people have questions about this, and they want some answers as they’re moving forward, how can they be in touch with you? Well, you can reach us at 619-574-8000, and you will be put on our calendar for a free 30-minute phone consultation, or you can reach us online at www.PrimusFamilyLaw.com.