Michael Douglas has recently published a memoir and it revisits the period when he and Catherine Zeta-Jones lived apart more than a decade ago. Their story highlights an important distinction for couples considering a legal separation in California: simply separating from your spouse is not the same as obtaining a legal separation through the courts. This article will delve into what is a legal separation in California.
Why Did Michael Douglas and Catherine Zeta-Jones Separate?
Douglas and Zeta-Jones married in 2000. In 2013, the couple announced they were taking time apart to evaluate their marriage rather than immediately pursuing divorce.
Douglas recently revisited that period while discussing his memoir, explaining that the separation was mutual and that he never gave up hope they would reconcile.
The couple eventually reconciled and remain married. Their experience illustrates an important distinction: spouses can live apart or consider themselves separated without obtaining a court-ordered legal separation.
What Is a Legal Separation?
In California, legally separated spouses remain married, but a court can divide property and debts and make orders concerning support and children.
A legal separation can address:
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Property and debts: Division of marital assets and obligations.
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Spousal support: Financial support from one spouse to another.
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Child custody: Legal and physical custody arrangements.
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Parenting time: A schedule for time with the children.
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Child support: Financial support for the children.
Unlike divorce, legal separation does not terminate the marriage. The spouses remain married and cannot marry other people.
Why Choose Legal Separation Instead of Divorce?
There are several reasons someone might pursue a legal separation in California, including:
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Religious or personal reasons: A spouse may not want to legally end the marriage.
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Financial considerations: Remaining married may affect certain benefits or financial arrangements.
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Residency requirements: California has residency requirements for divorce that do not apply in the same way to legal separation.
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Uncertainty about divorce: Spouses may want court orders concerning finances or children without ending the marriage.
For divorce, one spouse generally must have lived in California for six months and in the county where the case is filed for three months. By contrast, California does not require a minimum period of California residency before filing for legal separation.
Does the Date You Separate Matter?
Yes. California’s “date of separation” is a separate concept from a legal separation.
Under California law, the date of separation generally involves a complete and final break in the marriage, including expressed intent to end the marriage and conduct consistent with that intent.
The date can affect:
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Property: Whether certain earnings and assets are community or separate property.
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Debts: Whether certain obligations are community or separate.
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Spousal support: The length of the marriage can be relevant to support.
Can Couples Reconcile After Separating?
Yes. Separation does not necessarily lead to divorce.
Douglas has said that he remained hopeful during their separation that he and Zeta-Jones would get back together. They eventually reconciled and remain married more than a decade later.
Depending on their circumstances, spouses who separate may:
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Remain informally separated.
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Pursue a legal separation.
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Reconcile.
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Proceed with divorce.
Talk to a Solano County Family Law Attorney
Legal separation can affect property, support and custody. An experienced California family law attorney can help you understand your options. The Law Office of David Knecht represents family law clients in Vacaville, Fairfield, Solano County and surrounding areas. Contact us today, (707) 451-4502.
