In CA, you were "legally separated" the moment one of you moved out. Furthermore, since you were married for 15 yrs, in CA, you have a marriage of long duration and the courts typically allow spousal support for at least half the length of the marriage. But to order permanent support, the court needs to consider all the factors in CA. Family Code 4320. If you ex is disabled, then he does have the "right" to pursue spousal support. And BTW, it would not matter when he became disabled, nor when you separated or divorced. That is not a factor in 4320. Your attorney should be giving correct advice. If I were you, I would subpoena ALL his bank statements, insurance policies, wage statements, etc. ALL financial records. He is REQUIRED BY LAW to supply them. Then you will have a better picture of his finances and if he is telling the truth. IT IS ILLEGAL in family court to hide income or falsify financial info and doing so can result in sanctions and fines, and more. He needs to be threatened with these FACTS. Also, you can request the court order your ex to be examined by your own medical expert to determine if he is disabled to the point he cannot work at all (do any kind of work). They will probably comply with this and order it. You will need to decide how much you want to pay to fight it or reach an agreement for temporary support to end at a specified time. In the end, it IS all about money. So you'll need to decide whom to give it to; your attorney or your ex.
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Re: spousal support request after long separation
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