Marital Legal Separation

Under California Law, the general presumption for duration of support is one-half the length of the marriage, for marriages of fewer than 10 years. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years).

Marital, or community property, is defined as assets and debt newly acquired during the marriage, either jointly or by one party, other than by a gift or inheritance to one spouse. Nonmarital, or separate property, are the assets and debts owned prior to the marriage that remain unchanged.

You need to have your written agreement notarized. Make sure, when you sign the agreement, that you understand everything you are agreeing to. This type of agreement is often called a marital settlement agreement or MSA.

Couples who established bank accounts after the marriage began must divide these accounts equally when seeking divorce. Specific accounts that contain marital funds are the marital property of both parties.Meanwhile, couples who each own separate property keep their specific accounts or property.

Marital property refers generally to all of the property acquired by either or both spouses during the marriage. Separate property refers to any property the spouses acquired separately before the marriage or after separation (or in some states after divorce).

A California marital settlement agreement allows divorcing spouses to document their decisions for alimony, child support, child custody, and the division of jointly-owned assets and debt.A mediator is often hired in complex divorce circumstances to negotiate terms and establish an arrangement that is equitable.

Though the term non-marital property often refers to any personal or real property owned prior to, and brought into the marriage, it can also refer to things such as inheritances and gifts made to only one spouse.

: not of, relating to, or occuring within marriage or the married state : not marital nonmarital childbearing nonmarital cohabitation nonmarital sexual relations.

Related Content. Property that is unlikely to be shared between the parties on the breakdown of the marriage or civil partnership unless it is required to meet needs. Generally non-matrimonial property is: Acquired by one party before the marriage.