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Separation Agreement VS Legal Separation

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devastatedinCA

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? California
After 5 years of marriage, my husband has decided that he's confused and wants a break. I am 100% disabled, so his mother moved into our home to help me out during the rough spots - therefore I'm the one moving out into an apartment and they will keep the house. I will be living on soley my Social Security and Disability, but my husband has a good job that pays 100k. He says he'll "help out", but this doesn't sound fair.

Can you explain the difference between legal separation and a separation agreement?

Also, right after we married, my husband started a new job and has accrued 60k in retirement funds. He says I am not entitled because we haven't been married for 7 years but I say it's community property?

Can you please clarify? Thanks
 


LdiJ

Senior Member
devastatedinCA said:
What is the name of your state?What is the name of your state?What is the name of your state? California
After 5 years of marriage, my husband has decided that he's confused and wants a break. I am 100% disabled, so his mother moved into our home to help me out during the rough spots - therefore I'm the one moving out into an apartment and they will keep the house. I will be living on soley my Social Security and Disability, but my husband has a good job that pays 100k. He says he'll "help out", but this doesn't sound fair.

Can you explain the difference between legal separation and a separation agreement?

Also, right after we married, my husband started a new job and has accrued 60k in retirement funds. He says I am not entitled because we haven't been married for 7 years but I say it's community property?

Can you please clarify? Thanks
You are correct that the retirement funds are community property. You are also entitled to a share of the equity in the home...and a share of all other marital assets.

You really should get yourself an attorney. You also may be entitled to some short term alimony due to your disability. Please do at least consult with an attorney.
 

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