Legal Separation California
When a marriage isn’t working out, you have more options than couple’s counseling or divorce. Many couples in California get legally separated, which allows them to lead their own lives yet still maintain some of the financial benefits of being legally married.
If you have questions about legal separation California issues, the team here at S.L. Pitts has answers. To request a consultation with experienced family law attorneys near you, contact Beverly Hills law firm.
What Is Legal Separation?
Think of legal separation as an alternative to getting divorced. A separation allows a couple to live apart and lead separate lives but still maintain their legal marital status.
Maintaining legal marital status means that while a separated couple does not live together, they cannot legally remarry. Getting remarried would require a divorce.
During a legal separation, courts will still have the couple divide property, work out child custody and visitation arrangements, and discuss matters regarding spousal support (alimony) and child support payments.
How Is Legal Separation Different from Divorce?
The biggest difference between legal separation and divorce is that in a separation, the couple is still married. In a divorce, the marriage is dissolved.
In addition, you do not have to meet California’s residency requirements to file for separation. A divorce requires you to live in California for at least 6 months, 3 months of which must be in the county in which you will file for divorce.
What Is the Difference Between Legal Separations and Annulments?
An annulment is another matter entirely. Annulments render a marriage null and void, meaning that the marriage was not and is not legally valid. This could be due to the age of the people involved, coercion, bigamy, and deception.
When Is Legal Separation Recommended Over a Divorce?
Someone may decide to get legally separated in California rather than divorced for religious reasons, financial reasons, or other personal beliefs.
Each individual and situation differs, so for some people a separation makes more sense for their needs than getting divorced.
The Benefits of a Legal Separation Over a Divorce
The primary benefit of getting legally serrated rather than divorced is that a person gets to remain on their spouse’s insurance or benefit plans. It may make more sense from a financial standpoint to get separated but still have access to health care, especially if a couple has a child or ongoing medical needs.
As noted above, legal separation does not require California residency like a divorce does. You simply need to live in California to file for a legal separation.
Learn If Legal Separation in California Is Right for You
If you know it’s time to make a change in your marriage but you aren’t sure if you should get legally separated or file for divorce, the attorneys at S.L. Pitts PC can help. Our lawyers will go over the pros and cons of each option and why one may be better for your situation. To discuss legal separation with Southern California family law attorneys near you, contact our law office in Beverly Hills, CA.
Dividing Property in a California Legal Separation
As in a divorce, a legally separated couple will divide property as part of the separation process. There are different kinds of property that may be under dispute during a separation, and our Southern California family law attorneys can help.
- Community Property – Community property refers to any assets or debts that a married couple accumulated during their marriage. The exceptions are any gifts or inheritance specifically to one of the spouses during the marriage.
- Separate Property – Separate property refers to any assets or debts that an individual spouse has before they get married. Any gifts or inheritance to a spouse during marriage are also considered separate property.
- Commingled Property – Commingled property is when one spouse’s separate property gets blended in with the marital couple’s community property. This could take the form of a separate bank account that gets shared, a home that the other spouse moves into and becomes joint owner of, and so forth.
Per California Family Code §2550, the community property in a marriage gets split evenly during a divorce or legal separation. Commingled property often gets lumped into community property, which is a major source of disagreement and anger during separations.
Our family lawyers in Southern California can help you during contentious property division disputes during your legal separation. We can also discuss how community debts can be used to even out the distribution of community assets, which can help secure certain property you’d like to retain.
Complexities in High-Asset Property Division
When dealing with high-asset divorce and separation cases, the disputes over property can get even more heated. High-net-worth couples may be fighting over multiple real estate assets, businesses they own, retirement plans, investment portfolios, rare collectibles and valuables, as well as cryptocurrency and other digital assets.
The attorneys at S.L. Pitts PC have experience working with wealthy tech professionals as well as other affluent couples in Southern California. In a legal separation, we can help you fight for specific assets whose long-term value is essential for your financial future.
Prenuptial and Postnuptial Agreements in a Legal Separation
Prenuptial agreements and postnuptial agreements both apply to legal separations in California just as they do to divorces. If there is a prenup or postnup in place, our lawyers can refer to these documents as property gets divided.
Prenups and postnups can help spare feelings and avoid long court battles in the event of a couple separating. That said, prenups and postnups can be disputed in heated separations, which is why having an experienced lawyer on your side is so crucial as property gets divided.
If you’re getting married in the near future or are currently married and feel it’s best for you and your partner to have financial peace of mind, our team can assist you in drafting a sound prenup or postnup.
Spousal Support in a Legal Separation
Like a divorce, spousal support may be awarded in a legal separation in California. Monthly alimony payments are made by the higher-earning spouse to a lower-earning spouse in order to ensure a similar quality of life as they transition into living separately.
Types of Spousal Support in California
Generally, there are two kinds of spousal support:
- Temporary Spousal Support – Temporary spousal support provides payments between the time the separation is filed and when it is finalized.
- Long-Term Spousal Support – Long-term spousal support provides payments after the legal separation is completed.
How Is Spousal Support Calculated in California?
For temporary spousal support, California’s formula for monthly payments is the equivalent of 40% of the high earner’s net monthly income minus 50% of the low earner’s net monthly income.
For long-term spousal support, judges will consider the financial situations of each spouse and their needs rather than relying on a formula.
Discuss Legal Separation in California with Our Lawyers
Dividing property and figuring out alimony payments during a legal separation can be a burden. The team here at S.L. Pitts PC can offer sound legal counsel and peace of mind during the separation process. To speak with experienced lawyers near you about getting a legal separation in Southern California, contact our family law attorneys in Beverly Hills, CA.
Child Custody in a Legal Separation
If you and your spouse have children, you’ll need to work out an arrangement for child custody and visitation. This will help ensure your children receive love and care from both parents.
California typically wants exes to co-parent their children, though the nature of the child-parent relationships must be considered. The guiding principle for many custody situations is the best interests of the child.
Types of Child Custody
There are two types of custody when it comes to a child’s upbringing:
- Physical Custody – Physical custody means when the child spends time with one of their parents.
- Legal Custody – Legal custody refers to the parent’s ability to make childrearing decisions about health, education, and other matters.
When parents share custody, this is known as joint custody; sole custody is when only one parent has the ability to house a child or make decisions on a child’s behalf.
The parent with whom a child spends the most time is known as the custodial parent, while the other parent is known as the non-custodial parent.
Gaining Full Custody of Your Child
There are some situations in which restricting contact with the other parent is in a child’s best interests. This would grant full custody to a parent, meaning sole physical and legal custody. An arrangement like this is often considered if there is a history of abuse or neglect in a household.
We’ve explored how to get full child custody in California, and we encourage you to read that resource for insight into how to protect your child.
Child Visitation Rights in a Legal Separation
In addition to child custody, you will need to work out a child visitation schedule with your ex. This is also known as parenting time, grating each parent some ability to see their child.
Some separated couples work out a flexible schedule, while other separated couples prefer having set dates when they can be with their child. If you need any help with parenting time arrangements after a legal separation, our Southern California family lawyers can help.
Supervised Child Visitation
If one parent is unable to raise a child or there are safety concerns regarding that parent, they may only be permitted supervised visitation with their child.
Supervised visitations are observed by a provider, who is a neutral third party. This provider can end a visit with the parent prematurely if the child is endangered or the situation seems like it could harm or traumatize the child.
Restricting a Parent’s Child Visitation Rights
In cases of domestic violence and spousal abuse, a parent may lose all visitation rights. The same is true if a parent is deemed unfit because of addiction, mental illness, or the inability to provide a safe and nurturing environment for a child. In these situations, the parent will have no supervised visitation with their child or virtual visitation options.
Child Support in a Legal Separation
In addition to child custody and parenting time, parents may also have to work out child support. Child support payments are made by the non-custodial parent to the custodial parent. These payments are intended to help cover the cost of raising a child, including shelter, food, clothing, education, medical care, and some extracurricular activities.
How Is Child Support Calculated in California?
There is an official California Child Support Services Guideline Calculator that you can use to determine your child support obligation. The actual amount of child support could vary, however. It’s important to discuss these matters with one of our family law attorneys if you’re going through a legal separation here in Southern California.
How Long Does Child Support Last in California?
While some assume that child support ends when a child turns 18, it’s not that straightforward. If you have a child who is disabled or has special needs, you may continue to make support payments into their adulthood.
If you’re wondering when child support ends in California, we encourage you to read that resource for more information.
Post-Judgment Modifications in California After a Legal Separation
As your life changes, you may need to change an existing child custody or alimony arrangement. These post-judgement modifications allow both former spouses to adjust obligations to their children and to one another when new life events occur.
Our Beverly Hills family law attorneys can help with modifications after legal separation. Common reasons to get a modification to an existing family court order include:
- Loss of a job
- Loss of income
- Reduced income
- Medical emergency
- Severe illness
- Change in finances
- Acquired disability
- Relocation to another city, state, or country
How S.L. Pitts PC Can Help with Your Legal Separation in California
S.L. Pitts PC brings decades of experience to every family law case we work on. We were founded in 2001, and we are proud to serve individuals and couples throughout Beverly Hills and the greater Los Angeles area.
There are four common reasons why people throughout Southern California turn to our attorneys for guidance with separations and divorces:
- Our family law attorneys will always be honest about your situation
- Our family law attorneys will develop creative and collaborative solutions
- Our family law attorneys will keep all communication confidential
- Our family law attorneys will always focus on the best interests of your child
Contact Our Southern California Lawyers About Legal Separation
If it’s time for you and your spouse to separate and focus on your own needs, our law firm is here to offer guidance. To request a consultation about legal separation with experienced Southern California lawyers near you, contact our family law firm in Beverly Hills, CA.