This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.


The California Supreme Court says couples must live in separate homes in order to qualify to keep their income from their spouse during divorce proceedings.

The court’s ruling on Monday clarified what it means for a couple to separate.

Under state law, income and property each spouse earns during the marriage is considered community property to be divided between them.

That changes after they separate, when the spouses get to keep whatever each of them earns. Couples can often separate years before they divorce.

At issue in Monday’s ruling was whether a couple that continues to live in the same home can qualify as separated for purposes of dividing assets.

The Supreme Court said they cannot.