Legal Question in Family Law in California

Re: Separations affect on Divorce

That would depend on if you have children. That is a very strange arrangement where you have a trial separation and the two of you date. That is not the way to repair a relationship. It sounds like someone wants out and is afraid to tell the other. Good Luck, Pat McCrary

Re: Separations affect on Divorce

When you "separate", there is a presumption that there is an intent to end the marriage. This has the effect of ending acquisition of community property and/or debts.

On the other hand, if you physically separate but it seems clear that neither party has come to the definate decision to end the marriage, the court might not consider the parties separated, for community property purposes, until someone does something more definate: stop dating and file for divorce, for example.

The answer to your question is this: If you are the high wage earner, you want an early date of separation, if the low wage earner, the opposite.

This can be fairly complex and there is some new recent case law. I suggest you make an appt with a family law specialist for advice.