It was reported today that Heidi Montag filed a Petition for legal separation at the Los Angeles Superior Court,.citing irreconcilable differences. I previously blogged the legal ramifications for filing for legal separation here.
TMZ.com incorrectly states that Montag’s filing for legal separation is that “[t]he legal significance of legal separation is that her earnings will become her separate property from the date of separation.” Although that statement is true, it does not distinguish the big difference between filing for divorce versus separation. When filing for divorce or legal separation, generally speaking, all property acquired after the date of separation is the separate property of the spouse who acquired same so long as they can trace the asset to a separate property source. Most people file for legal separation for medical insurance purposes or residency purposes, just to name a few.
It is also interesting to note that Montag listed the date of the filing, June 8, 2010, as her date of separation. I’ve read many gossip magazines and internet sites alluding to the fact that Heidi Montag and Spencer Pratt were having marital problems in the past. If that’s the case, perhaps June 8 is not an appropriate date of separation. But, that’s another issue.
If you are contemplating filing for divorce or legal separation but want to find out more about each option, contact an Orange County divorce attorney for assistance.
Source: TMZ.com Heidi Montag files for Legal Separation from Spencer Pratt