PUJA SACHDEV | August 15, 2024 | Divorce
Divorce is not always a battle. With California’s no-fault divorce laws, spouses can dissolve their marriage without proving fault. Some couples simply fall out of love and desire to divorce to move forward. They may remain friends after the divorce and continue to care for one another on a platonic basis.
With that in mind, a couple may want to live together after they end their marriage. There is no law prohibiting divorced spouses from residing together. You can live with anyone you choose after your divorce, including your ex-spouse.
Why Do Some Couples Choose To Live Together After Divorcing?
Couples may choose to live together after a divorce in California for several reasons, including:
Financial Reasons
California’s cost of living is high. A divorced couple may live together for financial security. Sharing expenses can help them maintain their standard of living.
To Co-Parent Children
Divorced parents may choose to live together to co-parent their children. Having both parents in the same home may be in the children’s best interests. A couple may overlook any inconvenience living together creates for them to provide a secure environment for their children.
Emotional Reasons
The couple may decide they are not ready to give up on their relationship entirely. Therefore, they continue to live in the same home to work on their issues.
Living Together After a Divorce Could Cause Problems for a Couple
There are some disadvantages to living together after a divorce in California. For example, there is a lack of privacy when you live with your ex-spouse. Dating someone new may be awkward for you, your ex-spouse, and your date. Emotions could surface that may interfere with your new relationship.
Additionally, domestic support obligations may be impacted if you live with your ex-spouse. For example, child support is based on your income and other factors, including the number of nights your child spends with you. Therefore, it complicates the calculations if you and your ex reside in the same house with your children.
Alimony is another issue. Sharing household expenses may impact whether spousal support is granted. It also affects the amount of alimony paid. If the living arrangement does not work out, you would need to petition the court for a modification of support payments.
Co-parenting in the same home after divorce is often assumed to be better for children. However, it can create confusion for kids. They may wonder why you are able to live together but cannot be married to each other. It may also make it more difficult for your children to accept the divorce and new partners.
Can Couples Live Together While Legally Separated in California?
For a long time, living together during a divorce action in California complicated matters. The California Supreme Court had ruled in the case of In re Marriage of Davis that the date of separation for dividing marital property was set when the couple no longer remained in the same home. Therefore, judges interpreted the case to mean that the date of separation occurred when the couple physically lived separate and apart.
However, California Family Code §70 now sets the separation date for a couple as the final and complete break in the marital relationship, evidenced by:
- A spouse expressing to the other spouse their intent to end the marriage; and,
- Conduct consistent with the spouse’s intent to end the marriage.
Therefore, a couple could remain in the same home if they followed the code’s requirements. For example, you tell your spouse that you are filing for divorce and move into another bedroom. You begin living as if you were single, such as separating your finances and assets. You no longer advise your spouse of your activities or schedule.
Do You Have Questions About Living Together During a Separation or After Divorce in California?
Deciding to live together during a legal separation can be tricky. You don’t want to do anything that could jeopardize your divorce settlement. For example, a judge may decide that your date of separation was later, so the property you intended to be separate assets is now subject to property division.If you need help filing for legal separation or petitioning for divorce, contact our San Diego divorce lawyers for a confidential and free consultation.
Contact Our Divorce Law Firm in San Diego, CA
Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC today for legal assistance. You can also call our San Diego office at (619) 724-4160 to schedule a free consultation.
San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108
