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Basically, anything to do with money. Like is anyone entitled to spousal support? If one person starts making more money then is the other person entitled to it like in a marriage? I need all the info on this type of sparation that has to do with money. Thank you!

2006-06-13 09:24:08 · 3 answers · asked by dawn w 1 in Family & Relationships Marriage & Divorce

The person I am talking about said that she doesnt want to get a divorce because he may come into some money in his business. She just wanted to get a legal separation. But she wanted to know if by the time it came down to the divorce then is she entitled to half that money while they were separated. I dont know anything about divorce or marriages thats why i'm asking you guys.

2006-06-13 09:51:52 · update #1

3 answers

A legal separation protects both parties against claims of the other. If you file for legal separation and all of a sudden one spouse starts earning more money than the other - that extra money is separate property from the date the legal separation was filed and forward. It also protects each party from the other running up credit card debt or other debts. From the date of legal separation forward, each party is responsible for their own debts.

Even if your friend has moved out of the house and she and her husband are separated but have not filed for a legal separation, the Court will determine the date the parties separated and each parties' assets and debts will STILL be separate.

Are your friends in a community property state? If so, when they actually have their dissolution, the Court will divide up the property equally from the date of marriage to the date of separation.

2006-06-23 08:25:19 · answer #1 · answered by Samba Queen 5 · 1 0

If you do not have anything in writing about your separation then at the time you file for divorce whatever each of you has is legally 50/50. If you decide what each of you wants, get it in writing in a legal separation. You will CYA better that way. If it is not in writing and signed and notorized by each of you then everything assets, retirement plans, insurance, custody, child support, spousal support, etc, etc is up in the air. You are still considered married if you are not legally separated. Each of you has 50/50 on everything from here on out until one of you files for divorce.

2006-06-13 09:35:56 · answer #2 · answered by in love with superman 3 · 0 0

1

2017-03-01 03:31:57 · answer #3 · answered by ? 3 · 0 0

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