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How to separate?

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Anonymous Asked:

Hi, My wife and I want to separate but we have kids and we live in one house. I have a job but my wife doesn't.
I am wondering how to start to separate? I can move out to rent apartment, but do I have to pay my wife for her living with/without kids? What's the standard? Should we divide the money and property when we start separation? e.g. sell the house and divide the money right now or it can be done when divorce?

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Stuart Zukerman
5 years ago

It is a complicated question and answer. There is no “standard”. One can divided assets and debts up front or during the separation or during the divorce process or at the time of the divorce or afeter the divorce (there is a time limit that all such claims cannot be pursued once 2 years have passed from the date of divorce). Ideally one should never move out of the family home until there has been a signed separation agreement executed by both parties which agreement sets out precisely how the assets and debts will be divided and what will happen respecting custody, guardianship, parenting time, and child and spousal support. You ought to consult with a family lawyer to understand all of your rights and obligations in order to negotiate the terms of a comprehensive separation agreement.

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