Legal Question in Family Law in California
separate and apart
recent decision to divorce but have not filed yet, now living separate from spouse, have opened own checking account, are my earnings now separate property?
3 Answers from Attorneys
Re: separate and apart
The date of separation is the date when you determine that you and spouse will no longer together as husband and wife. From that date forward the wages you earn are your separate property. This income should be placed into a separate bank account. If your separate property wages are commingled with community property you will have the burden of proving that the money is your separate property.
Re: separate and apart
It will be considered as your separate property so long as you can show that you came to the definate conclusion that the marriage is over, told her, and acted accordingly.
In other words, if you moved out and segregated the bank accounts, but continued to go to marital counseling or went to social events and presented as husband/wife, that could defeat your claim of the earlier date of separation.
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