QUESTION: My divorce was less than 2 years ago, adultery was the reason for the end of my 23 year marriage . Difficult time in my life, but want more information on who and what is entitled to. Can I seek alimony now?
MY RESPONSE: Whether or not you have any right to Spousal Support depends on how (or if) Spousal Support is addressed in the Judgment. If there was a waiver of Spousal Support, you won't be able to return to court to seek Spousal Support. If Spousal Support was not addressed in the Judgment, or of the Judgment reserved Spousal Support jurisdiction, you may be able to seek Spousal Support based on Family Code Section 4320 factors. If you were awarded Spousal Support in the Judgment, you can seek to enforce Spousal Support - there isn't a statute of limitations on enforcement of Spousal Support, but if you don't seek to enforce Spousal Support, the lapse of time plus prejudice to the other party could support a defense of Laches - but that is unlikely if you seek enforcement two years after Judgment was entered.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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