Castro Valley, CA asked in Divorce for California

Q: I have a question about divorce law in California. I am a new nurse practitioner, but have not taken my

National certification. I have a signed contract that is contingent upon my successfully passing my boards. If I apply for a legal separation from my husband, is he entitled to half of my contract or do I need to be legally divorced? Can he sue me for alimony? He is now retired. How long would I need to pay alimony? Can I leave the state while legally separated? Or does this make my legal separation null and void? We have been married for 8 years. I do not want anything to do with his retirement. We have no property together except a timeshare and no children. I signed a contract almost a year ago for my new career, but it was contingent upon passing boards. Now I am just ready to make a clean break and leave the area, and start over. I am not on any bank accounts or mortgage. Our vehicles, trailer and off road toy are in his name alone. I really don't care. We do have one car that we are both on... I forgot about that. I was going to ask him if he wants to pay it off or if I should.

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2 Lawyer Answers
Tobie B. Waxman
Tobie B. Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: The date of separation marks the end of the community. The date of separation is a date you pick which signifies the date you and the other spouse agreed the marriage is over. You can be legally separated, without a judgment of legal separation or of divorce, although it's helpful to have filed a petition for either divorce or legal separation to get that date of separation on the record (so to speak, not literally). That being said, what do you mean by "half of you contract"? Income during the marriage is community property. The entire value of a employment contract, especially one that was not entered into before the date of separation, isn't the same thing. Presumably that contract has no monetary value. He can ask for spousal support. Whether that request will be granted depends on several factors that are set by statute (Family Code §4032) Yes, you can leave the state. In fact, you can leave the state any time you want, whether you file for divorce, for legal separation, or nothing at all. As for how long you will need to pay alimony, you have not provided enough facts to answer that question. Sounds like you need to consult with an attorney.

Joseph Torri agrees with this answer

1 user found this answer helpful

Joseph Torri
Joseph Torri
Answered
  • Riverside, CA
  • Licensed in California

A: I agree with my colleague. More information is required surrounding your contract issue. I suspect your concern is paying spousal support (alimony) to your soon to be ex husband. It is possible that you may pay spousal support, but a complete analysis is required to determine whether you would pay it. The 4320 factors of the family code are important in deciding spousal support. The length of the marriage is important since marriages that are less than ten years are not marriages of long duration and support can generally last half the length of the marriage. People are allowed to leave the state during legal separations and divorces. They are not allowed to leave with the children unless the other side agrees or there is a court order. Parents with children may leave the state, but they may not leave the state with the children unless the other parent agrees or there is a court order. The date of marriage and the date of separation are important dates for dissolution purposes. Community property laws will generally control the distribution of community property and community debt. Also, you are probably entitled to half of his retirement account. Separate property is an important term for divorce proceedings. There are many legal issues to consider. You definitely need to consult with a local family law attorney.

1 user found this answer helpful

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