Separate and apart defined


#1

I am currently involved in the care of a member of my wife’s family in our home. If I establish a separate residence and am needed at our current house overnight in relation to caring for the wife’s family member, would the year of living separate and apart have to start over? Likewise, if I stayed on the property overnight but in our separate guest house, would the period have to start over?

Separate question regarding separation agreement:
If my wife and I were to complete this agreement knowingly in a way that did not equalize the value of the assets, would this be permissable? Accordingly, would my not attempting to get ongoing financial support, despite her life style’s being finacally well above mine, in return for a price which we agree upon for my half of home regardless of the assessed value be permissabnle? In this case, would a formal property value assessment be necessary if we otherwise reached this agreement? Thank you.


#2

You must reside elsewhere for one year and one day prior to filing for the divorce, the residence must be separate (not a guest house). Returning to the residence from time to time to aid in caring for a family member will not destroy the period of separation so long as you do not intend to reconcile and resume the relationship, or hold out to the public that you are once again living as married persons.
You may distribute your assets in any manner you chose, and may forgo support. The agreement is between you and your wife and there is no need for any third party assessment, or approval.