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  1. #1

    Default Can You Get Alimony in a Separation

    My question involves a marriage in the state of: California

    My marriage has been on the rocks for several years. I just had to file bankruptcy to try to stay in my family home till I sell it. If I file for separation will I be able to get any alimony? We have been married 22 years and I put considerable money into our business (which we had to close after 14 years) and have been supporting him the last 2 years while he was out of work. He is working now and making about $2,000 a month. I only work part-time and I need financial help.
    Thanks for any advice you can give me. I don't think I can afford a lawyer right now because my bankruptcy pretty much took all my remaining funds.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Am I Entitled to Alimony in a Separation

    You can ask, but if he's only earning $2k a month the court isn't likely to award you much if anything - he has to live, too.

  3. #3

    Default Re: Am I Entitled to Alimony in a Separation

    That's the issue. I understand that but I need help. Would it be even likely that I might be able to get $500 a month? That's what I need to keep a roof over my head. He is not paying anything right now.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Am I Entitled to Alimony in a Separation

    He's not legally obliged to pay you anything at this point.

    Are you living separately? For how long?

    The other thing going against you is that you're working part-time - since you're capable of working, your husband is likely going to ask that you're imputed full time wages.

  5. #5

    Default Re: Am I Entitled to Alimony in a Separation

    No we are still living together in the house I had to file bankruptcy on. I am on disability right now because I dislocated my shoulder 7 weeks ago and tore my rotator cuff.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Am I Entitled to Alimony in a Separation

    I'm sorry, Dlynn - but given your husband's salary and your capability of working full time I honestly can't see you getting anywhere close to $500/month - that would leave him virtually destitute.

    By all means have a chat with a local attorney who will know the climate of the courts in your area.

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