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Pregnancy Hasn't Changed Megan Fox's Divorce Plans

Posted By Cairns Law Offices || 18-Apr-2016

After 11 years of marriage, Megan Fox filed for divorce from Brian Austin Green in August 2015. Before she filed for divorce, the couple had already been separated for six months, according to Fox News. Complicating matters, the couple has confirmed that Fox is indeed pregnant with the couple's third child.

Since Fox and Green are now expecting their third child together, does this mean that they will be reconciling? According to reports, the couple has no plans of calling off their divorce.

Last week, 42-year-old Brian Austin Green publicly discussed the baby news, stating that Fox's pregnancy was unplanned.

"You know, nothing is planned," Green told PEOPLE at a racing event on Friday, April 15. "None of them are ever planned. You kind of just go with it."

Green, who is turning 43 this year, went on to say that it's crazy to have babies at his age.

Though the couple filed for divorce in August of last year, they had already been separated for six months before that. It's been more than a year since they officially split up, but they've managed to remain on friendly terms and co-parent their sons, Noah, 3, and Bodhi, 2.

According to Fox News, the money that Fox earned since filing for divorce is hers to keep.

Why? Because, under California's "community property" laws, once a couple separates and announces their intention to divorce, all property that either spouse earns is deemed "separate property," and therefore is not subject to division in a divorce.

Pennsylvania's Separate Property Laws

In a Pennsylvania divorce, the laws of separate property are similar to California. Under Pennsylvania law, separate property includes assets that are acquired by either spouse after they separated. For the purposes of determining separate property, the "date" of separation is critical.

In Pennsylvania, you are considered separated from your spouse from the date that you two begin living separate and apart from each other, and you no longer consider yourselves a married couple.

You don't necessarily have to be living under two different roofs, but living together does make it more difficult to pin down the date, let alone prove.

If you need a Pennsylvania divorce lawyer, contact Cairns Law Offices to learn about our low-cost divorce services during a free consultation!