If I filed for separation last week, am I financially protected even though my spouse hasn’t been served? 2 Answers as of October 01, 2017

I was worried I would owe alimony if he quit his job so I filed for separation to protect myself. We discussed the terms of our separation and he's made it clear he will dodge service. Am I still financially safe even though he refuses to be served? I paid the fee and filed all the right papers and just want to make sure I'm protected for the time being until he gets served. I pay most of the bills and can't afford to pay for an apartment in addition to the mortgage and he refuses to move out so we're still living in the same house. Is that a problem?

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Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Under California family law, the creditors are protected from the spouses claiming that the other person owes the debt. Even when debt is divided in the judgment, the creditor has the right to go after either spouse but the spouse who may be awarded the debt can have the obligation of indemnifying the other spouse from collection.
Answer Applies to: California
Replied: 10/1/2017
Peyton and Associates | Barbara Peyton
No. Get help from a process server to her him served. Alimony depends on disparity of income and length of the marriage not whether or not you have filled for legal separation.
Answer Applies to: California
Replied: 10/1/2017
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