FAQ’s

What is the difference between Divorce and Legal Separation?

In California, both divorce and legal separation are legal processes that allow couples to formally separate their lives and end their marital relationship. However, there are some key differences between the two:

Finality of the Relationship

Divorce: A divorce, also known as “dissolution of marriage,” completely terminates the marital relationship. Once the divorce is finalized, both parties are free to remarry if they choose to do so.

Legal Separation: Legal separation does not terminate the marriage. Instead, it allows couples to live separately while remaining legally married. The spouses are still married on paper and cannot remarry until they pursue a divorce in the future.

Residency Requirements

Divorce: California has residency requirements that must be met before filing for divorce. At least one spouse must have been a resident of California for at least six months before filing, and they must also have lived in the county where they file for divorce for at least three months.

Legal Separation: There are no specific residency requirements for legal separation. As long as one spouse is a resident of California, they can file for legal separation in the state.

Grounds for Filing

Divorce: California is a “no-fault” divorce state, which means that neither party needs to prove that the other spouse did something wrong to cause the divorce. The only grounds for divorce are “irreconcilable differences,” indicating that the marriage has broken down irretrievably.

Legal Separation: Similar to divorce, legal separation also requires a showing of “irreconcilable differences” as the grounds for filing.

Healthcare and Benefits

Divorce: After a divorce, neither spouse can be covered under the other spouse’s health insurance.

Legal Separation: Some health insurance plans allow a spouse to continue coverage for the separated partner, but it’s essential to check the specific plan’s rules.

SATISFIED CLIENTS

CASE WON

HONOR & AWARD

How is a 401k or pension divided in a divorce?

A Qualified Domestic Relations Order (QDRO) is a court order that allows a former spouse to receive a portion of their ex-spouse’s retirement benefits, such as a pension plan or 401(k) account.

When a couple divorces, the retirement benefits earned during the marriage are considered community property and may be subject to division. A QDRO enables the transfer of a portion of the retirement benefits from the plan participant’s account to the non-participant spouse without incurring early withdrawal penalties or tax liabilities.

The QDRO must comply with the terms of the retirement plan and be approved by the plan administrator before any distribution can occur. The order will specify the percentage or amount of the benefits to be paid to the non-participant spouse and the timing of the payments.

The QDRO can also outline the division of survivor benefits, which are the benefits paid to the surviving spouse after the participant spouse passes away. If the QDRO is not drafted properly, it may result in tax implications or other unintended consequences, so it is important to consult with an attorney who has experience with QDROs.

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