Do I have to file legally separtation to receive spousal support?

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Do I have to file legally separtation to receive spousal support?

Asked on July 4, 2019 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you have to file for legal separation (or file for divorce) to receive spousal supports. The courts (which would have to either order support, or else effectively "ratify" and agreement as to support you and your spouse come to) have no power until and unless you seek separation or divorce. That is, they have no power while a marriage is simply continuing as is.


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