What is the difference between a separation agreement and a legal separation?
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What is the difference between a separation agreement and a legal separation?
A separation agreement is different from the formal process of getting “legally separated.” In California, spouses that have decided to separate may enter into a “separation agreement,” which is a legally binding contract that deals with all aspects of their separation, including issues of child support and custody or …
Can my wife force me to leave the house?
In the event of a family law separation, both parties are legally entitled to live in the family home. It does not matter whose name is on the ownership of the house. One party cannot force the other to leave, and a person is not required to leave the house just because the other wishes it.
What if spouse quits job during divorce?
If your ex-spouse voluntarily becomes unemployed during divorce, you or your lawyer can ask the courts to order them to undergo a vocational evaluation which creates evidence of their earning capacity. This assists them to provide an opinion as to the ex’s earning potential, and can be hard for your ex to defend.
What happens to alimony if spouse loses job?
A job loss can sometimes reduce your spousal support obligations depending upon the circumstances. If the recipient spouse is not in agreement that the job loss should reduce spousal support, then you must convince the court that a change is reasonable in light of your current financial circumstances.
Can your spouse take your 401k in a divorce?
Your desire to protect your funds may be self-seeking. Or it may be a matter of survival. But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.
