A rebound relationship can be a bad idea for many reasons—including your divorce.Some spouses are often hurt when their marriage ends, and have no interest in pursuing a new relationship.Most states won’t consider fault when dividing property.
Under state law, income and property each spouse has during the marriage is considered community property to be divided between them in a divorce.
However, that changes when they separate, and each spouse gets to keep whatever they earn.
SAN FRANCISCO (AP) – California couples thinking about ending their marriage got guidance Monday from the state Supreme Court: They must live in different homes to qualify as legally separated and keep some of their income from their spouse during any divorce proceedings.
The court’s unanimous ruling clarified what it means for a couple to separate.
Section 70 explicitly states it is intended to abrogate . Because it does not say otherwise, Family Code section 70 is thus intended to apply retroactively to any pending cases resolved on or after January 1, 2017. amend V.) The extent to which this will complicate application of the new Family Code provisions regarding date of separation to pending cases will remain to be seen in the coming year.
Theoretically, any cases decided on or after that date will be decided under the new law even if the Parties were in the process of separating before the new law was passed. Ideally, a person intending to end their marriage will be able to make conscious decisions regarding separating from their spouse with knowledge and understanding of the law. Those divorcing or intending to divorce will likely want to consult with an attorney, as understanding the effect of the date of separation in a specific case is complex, and now only further complicated by changes in the law.
Couples often separate years before they divorce, taking all the money they earn after separation off the table in determining community property.
The separation date can also affect spousal support payments.
California Family Code section 771, subdivision (a), states that spouses’ earnings while “living separate and apart” are their separate property. Rptr.2d 308], for example, defined “date of separation” as the date “when either of the parties does not intend to resume the marriage and his or her actions bespeak the finality of the marital relationship. Others remain in the residence with the children to minimize the disruption. This new law adds Section 70 to the Family Code, which, effective January 1, 2017, will define “date of separation” as “a complete and final break in the marital relationship . ., as evidenced by both of the following: (1) The spouse has expressed to the other spouse his or her intent to end the marriage.