Question 1: Why does your husband want a legal separation rather than a divorce? do the two of you plan on actually divorcing in the future? If so, don't waste your time and money on a legal separation action and then later pay for a divorce action. Question 2: Is the 3 year old the biological child of your husband? If so, he has a duty to pay child support which can be handled through the Department of Child Support Services in your county. If the child you are carrying is also your husband's biological child, he will be required to pay child support for that child as well. When you visit Dept of Child Support Services (DCSS) be sure to tell them you are expecting another child. Child support is based primarily on two things: percentage of time spent with each parent and the relative incomes or ability to earn a living of each party. Question 3: On a five and a half year marriage you should be able to get some temporary spousal support especially since you are now pregnant. You will be expected, however, to make good faith efforts to become self supporting and will probably not receive long term spousal support.
Answered on Dec 18th, 2012 at 5:42 AM