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Separation pay, as generally understood, refers to the amount due to the employee who has been terminated from service for causes authorized by law (not due to employees fault or wrong-doing) such as installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking. Retirement pay, on the other hand, is the amount to be paid to the employee who has reached the compulsory retirement age or who availed of voluntary retirement.
Separation pay is intended to provide the employee with the wherewithal during the period he is looking for another employment. In light of this fundamental structure of all work…
Occasionally in my practice there is a couple I am working with that are “stuck” and if they continue to stay together they will definitely hurt their chances of perpetual marital bliss.
Yet, divorce is not something I encourage though for some it becomes a decision they must make.
Community property is considered owned equally by both parties and it is generally divided 50/50 in a divorce, while separate property is awarded 100% to the party who owns/earns it.
Spousal support rights are impacted by date of separation because, as stated above, the date of separation determines the parties' duration of marriage.
The reason date of separation can be such a hot button in a divorce is because two fundamental divorce issues flow from the parties' duration of marriage as determined by the date of separation - community property rights and spousal support.
Community property is defined in the section 770 as follows: "Except as otherwise provided by statute, all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property." The other side of the coin can be seen in section 771 (a), which states, "The earnings and accumulations of a spouse and the minor children living with, or in the custody of, the spouse, while living separate and apart from the other spouse, are the separate property of the spouse." Applying California law to a marriage situation, it is easy to see that while the parties are married, all the property acquired by the married person (with some exceptions stated elsewhere in the code) is community property and that the community property rights stop accruing once the parties have separated.
There's usually very little listening as a couple plays the blame game.