We hear of stories where spouses live together in the same home until the economy improves, or for the sake of the children who are still in school and under 18 years old. It is important to keep in mind the new California Supreme Court ruling In re: Marriage of Davis, which held that a couple may not be living separate and apart when they live together in the same home for the purposes of interpreting
California Family Code Section 771(a).
The possible impact to a high wage earner who delays filing for divorce while living together with a supported spouse who continues to stay at home (although the marriage appears separate - separate bedrooms, no discussion and no physical intimacy) includes a potential spousal support award for a longer duration of time and wages which will be treated by the Court as community property.
Indifferent spouses beware…