Legal Question in Family Law in California
My wife and I are getting an amicable divorce. Next October would be our 10th anniversary. I have been the sole bread winner during the divorce. I understand that after 10 years I may be exposed to longer requirements for alimony, etc. I also understand that there is a potential benefit to her in terms of survivor benefits re. my social security if the divorce is not finalized until after the expiration of the ten years. If reasonably possible I would like her to have that benefit. As amicable as we are now, I suppose it is possible that feelings or circumstances could change over the next year. I am wondering if we can enter into a separation agreement of some sort now agreeing to the terms of the divorce and have those terms be binding on both of us at the time we finalize the divorce, say, in November of next year, after our 10th anniversary.
2 Answers from Attorneys
Yes, enter into an agreement. It's a contract. Then, when it's time to get your judgment, attach it to the judgment and it will be turned into an order.
To be safe, to add an extra safety feature to it so that she can't have it set aside later, you should ask her to have an attorney review it and sign off on it.
I agree with Ms. Healy just on general principals. The sooner you get a binding agreement in place the better, and it is essential that you have an attorney at least review it. With that said, however, the idea that there is something magical about the ten-year mark in divorce law is a myth. There are presumptions that apply to marriages "of long duration," but what is a marriage of long duration and whether to apply the presumptions or find that they are rebutted in a particular case is up to the court, and in most cases the court will adopt any agreement of the parties.
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