Legal Question in Family Law in California

Re: Legal Separation and Spousal Support

the date of separation is determined by facts. the date of filing is a single fact that helps establish the date of separation. if the parties were still acting as a married couple after filing for separation, then the date of separation will be fuzzy.

Re: Legal Separation and Spousal Support

Thank you for your question. Community property laws are such that any property, income or debts incurred between the date of marriage and the date of separation belong to the community. If there is a separation, including a legal separation that's been filed, the income in no longer community but belongs to the party earning the income. However, there may be issues relating to support where the income would be an issue.

Another questions is about the lottery. If the ticket was purchased with separate property funds, the winnings are also separate property. If community funds were used to purchase the ticket, then the winnings may be community.

Re: Legal Separation and Spousal Support

Thank you for your question. Community property laws are such that any property, income or debts incurred between the date of marriage and the date of separation belong to the community. If there is a separation, including a legal separation that's been filed, the income in no longer community but belongs to the party earning the income. However, there may be issues relating to support where the income would be an issue.

Another questions is about the lottery. If the ticket was purchased with separate property funds, the winnings are also separate property. If community funds were used to purchase the ticket, then the winnings may be community.