MrsSSimpson said:
What is the name of your state? California
I am strongly considering filing for a legal deparation. I'm wondering though, if I become legally separated from my husband, will I remail legally responsible for anything he does? For example, any credit acquired AFTER the separation is legally granted, any tax liabilities, etc.
I'm just trying to make sure that nothing he does AFTER our separation is legal I'll be personally liable for.
Thanks...
My response:
Drawing a line in the sand - -
Spouses who have come to a parting of the ways often seek a legal separation instead of a dissolution in order to retain eligibility for medical insurance that would otherwise be lost by a termination of the marriage. This can be a very important consideration where a party has a preexisting medical condition (for which new coverage would not be obtainable) or insufficient financial resources to defray the cost of conversion or replacement coverage.
As an action to conclusively determine and settle the spouses' property rights and financial responsibilities to one another and to their minor children, a legal separation proceeding is similar to any marriage termination proceeding: i.e., a judgment of legal separation adjudicates support, custody/visitation and community property rights and obligations under the same standards and in the same manner as a judgment of dissolution. [Faught v. Faught (1973) 30 Cal.App.3d 875, 878, 106 Cal.Rptr. 751, 753; Estate of Lahey (1999) 76 Cal.App.4th 1056, 1059, 91 Cal.Rptr.2d 30, 33; see also Law Rev. Comm'n Comment to Ca Fam § 2000]
A judgment of legal separation leaves the marriage bonds intact. In effect, however, the parties remain "married" in name only, without the concomitant rights and responsibilities that attach to marital status. They cannot enter into a new marriage unless and until the existing marriage is dissolved by death or judgment of dissolution; but the judgment finally adjudicates the financial issues between the parties, including determination of their support obligations and a division of their community estate (except that, pursuant to Ca Fam § 2556, unadjudicated CP assets and debts remain subject to the family court's continuing jurisdiction to divide). [Estate of Lahey, supra, 76 Cal.App.4th at 1059, 91 Cal.Rptr.2d at 33 & fn. 4]
Following a judgment of legal separation, the parties acquire no further community property and owe each other no spousal duties of care and support except as ordered by the court pursuant to the judgment. [Ca Fam §§ 772, 4300 et seq.; see Estate of Lahey, supra, 76 Cal.App.4th at 1059-1060, 91 Cal.Rptr.2d at 32-33 - - judgment of legal separation finally determining marital property rights effectively terminates eligibility as "surviving spouse" for purposes of intestate succession through deceased spouse (see also Ca Probate § 78)]
Though a judgment of legal separation, once final, conclusively determines all issues adjudicated pursuant thereto (marital property rights and obligations, other intrafamily financial responsibilities), it does not foreclose a subsequent "status" action to dissolve the marriage. The court may grant a judgment of dissolution on either party's subsequent petition for dissolution. [Ca Fam § 2347; see Marriage of Gray (1988) 204 Cal.App.3d 1239, 1248-1249, 251 Cal.Rptr. 846, 850-851- - out-of-state judgment of legal separation granted to W no bar to status judgment in H's later-filed Calif. disso action]
IAAL
