Legal Question in Family Law in California

My wife and I are going through a legal separation. Am I entitled to child support and/or alimony if it isn't a divorce? Also, she had a large $25,000 savings account at our bank. For the last 2 years she has deposited $400 per month into this account as well as had 11 transfers from this savings into our joint checking account to help pay bills when we were low on funds. Is this considered co-mingling and I'm I entitled to half? Thanks


Asked on 3/01/16, 10:42 am

1 Answer from Attorneys

Legal separation is pretty much identical to divorce except you can't remarry, and for a few other purposes. So if the numbers crunch out for you to get alimony in a divorce you would get it in a separation if you file for it and prove entitlement. As for the savings, it is totally irrelevant who owns an account. It's the source of the funds. If it is income during the marriage, and if the income is not investment income from assets owned before the marriage, the savings or investment of that income is community property no matter whose name it is in. So co-mingling is irrelevant. Co-mingling only takes separate property and makes it quasi-community property. Money that is already community property to begin with is split 50/50.

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Answered on 3/01/16, 11:48 am


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