California allows for legal separation as an alternative for divorce. The proceeding is similar to a divorce, as a court will still divide marital property, may award spousal support, and must award custody and child support if the couple has any children. The only difference is that with legal separation, the marriage is not terminated.

Identification
• In California, legal separation allows spouses to divide their assets and live apart while still remaining legally married. Spouses may choose legal separation over divorce for several reasons. First, California has a six-month waiting period before a court will issue a divorce decree; no waiting period exists for legal separation. Additionally, legal separation is an option for spouses whose religion doesn't permit divorce. Finally, because spousal medical insurance coverage terminates upon divorce, legal separation can be used to maintain insurance coverage even when spouses have divided their assets and are living apart.

Distribution of Property
• Each spouse retains his or her separate property after the legal separation is finalized. Separate property includes anything acquired by each spouse prior to the marriage and any family inheritance received during the marriage. All other property is marital and will be subject to distribution between the spouses. California is a "community property" state; all marital property is divided equally, with each spouse receiving half.

Spousal Support
• Spousal support may be awarded where the requesting spouse can show a financial need on either a permanent or temporary basis. California courts examine several factors to determine if spousal support is necessary and at what amount. Factors include: (1) the length of the marriage, (2) the standard of living enjoyed during the marriage, (3) the requesting spouse's need for support, (4) each spouse's assets, income and ability to earn income, (5) the owing spouse's ability to pay and (6) the primary custodian's ability to care for the children and maintain employment.

Custody
• Where parents are unable to reach their own custody agreement, a California court will decide custody based on the "best interests of the child" standard. Factors examined include: (1) the child's preference, if the court determines that the child is mature and intelligent enough to choose, (2) the child's health, welfare and safety, as well as which parent can better address those needs, (3) each parent's relationship wit the child, (4) the parents' physical and mental health, (5) any history of drug or alcohol abuse by either parent, (6) whether each parent will permit the child to maintain a relationship with the other parent and (7) any allegations of child abuse and evidence to support those allegations.

Child Support
• Child support in California is decided according to the parents' total income. The support amount is adjusted first according to the number of children requiring support. The amount is then proportioned based on each parent's contribution to the total income, as well as which parent is primarily responsible for caring for the children.

Child support orders are only modified if either parent experiences a major increase or decrease in income, a child has additional financial needs (including educational or medical needs) or the parent paying support becomes responsible for caring for the child.