Legal Question in Family Law in California

Legal Separation Vs Divorce

Last year my wife and I did a Legal Separation. She is now filing for divorce. In the process I am seeking to overturn the Legal Separation contract. If I buy a home and the Separation is subsequently overturned can my wife have any claim to the property? I am only seeking to overturn a portion of the Separation document concerning retirement plans not the whole division of assets which was aproximately 50/50.


Asked on 8/30/00, 11:01 am

2 Answers from Attorneys
Diana Mercer Peace Talks Mediation Services

Re: Legal Separation Vs Divorce

Another question which you didn't ask is "is it worthwhile to try and overturn the legal separation agreement to re-divide the retirement plans?" Most of the answer to that depends on how it was divided under community property laws, because it's property just like any other property, even though you can't collect it yet. Before you file in court, you should run your plan by a lawyer first.

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Answered on 10/03/00, 3:09 pm
Michael Gray Barber & Gray, LLP

Re: Legal Separation Vs Divorce

Property acquired after separation is separate so your wife would not have a claim on the after acquired property.

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Answered on 10/03/00, 4:29 am


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