QUESTION
Am I still entitled to my husband’s paychecks even though we are physically separated?
Asked on Aug 19th, 2014 on Divorce - California
More details to this question:
I’m getting divorced in California and my husband has been served divorce papers about 3 weeks ago. I just discovered his had stopped depositing his paychecks into our joint account (while I have been depositing mine) without telling me first. Am I still entitled to his paychecks even though we are physically separated? Am I entitled to those paychecks as community asset until we officially get divorced?
7 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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No. Once you are separated each spouses earnings become separate property. You should no longer deposit money into a joint account. If you and your husband have joint expenses, you can consider an agreement with him on how to pay for those expenses. You should also now consider whether you have a need for spousal support or child support.
Answered on Aug 21st, 2014 at 8:31 AM
Domestic Law Attorney serving Vista, CA
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Ralph L. Williams
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Absent an agreement, all earnings after the date of separation are the separate property of the party earning them. Even though you have not physically separated, the filing and service date would be the date of separation used by the court.
Answered on Aug 21st, 2014 at 8:28 AM
When you filed your Petition you chose a date of separation. That May or may not be disputed by the Respondent. As of that date his paycheck became his separate property and your paycheck became your separate property.
Answered on Aug 21st, 2014 at 8:22 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Once you are separated, your earnings (and his) are separate property, not community property. On the day of your separation, you should have made sure your current bills were paid and evenly divided the community funds which were left in the joint account. You should each be maintaining your own accounts now. If there are children, Child Support should be ordered. If his income is greater than yours, you should consider requesting that Spousal Support be ordered by the court. File your court papers and make a Request for Orders. Once you get to your court date and the Judge makes those orders, you can have that amount garnished directly from his wages to you.
Answered on Aug 21st, 2014 at 8:22 AM
4 Awards
Since you have separated, his paychecks are considered to be his separate property as your paychecks are your separate property. The fact that a divorce has not been finalized does not grant you the right to his paychecks. Depending on his and your respective incomes, you may be entitled to receive support or may end up paying support.
Answered on Aug 21st, 2014 at 8:21 AM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No. Community property stops on the date of separation. You both keep your own paychecks. If you don't have enough money, file for a temporary order for support.
Answered on Aug 21st, 2014 at 8:18 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Monies earned after you separated are separate property. You need to file for support.
Answered on Aug 21st, 2014 at 8:13 AM