Legal Question in Family Law in California
Written Marital Separation Agreement
I was married 8/1/99, separated 12/10/99 (she moved out of my domicile after filing spousal abuse charges, which was, to both my and my criminal attorney's minds, an exaggerated response to a heated verbal dispute; there was no physical abuse).
No children (both of us are in our 50's; second marriage for me, first for her). I filed for divorce, but then reconsidered, and we are attending joint counselling.
She lives apart from me, though we date. We intend to file separate tax returns for 1999 (on the advice of my tax accountant). I continue to support her, giving her alimony equivalent, plus pay for her automobile and health insurance. Our incomes are decidedly disparate (hers is less).
Is it advisable for me to have a written marital separation agreement, pending the outcome of perhaps months of counselling (which will likely result in either reconciliation and resumption of a normal marital relationship, or divorce)?
We had agreed to terms of a marital settlement agreement when we were contemplating divorce; I could use that as a model.
Thank you.
2 Answers from Attorneys
Re: Written Marital Separation Agreement
Yes. Of course, you should have a written agreement for several reasons. Michael Hall Gray
Re: Written Marital Separation Agreement
I think an agreement is a good idea, mainly because if you end up going to court to fight over it then it will be very expensive for the both of you.
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