For many people, the date when they separate from their ex-spouse carries significant emotional impact. However, there’s also legal implications to this specific date, and the family law courts assign it significance for their own purposes.
Today’s post is a refresher on dates of separation. We’ll cover how a date of separation is assessed, and what implications it carries for your divorce proceedings in California.
Assessing the Date of Separation
The date of separation is established when one or both individuals have expressed their intention to end the marriage. This is measured via two tests: an objective test and a subjective test.
For the objective test, the main factor used is the exact date when you stopped sharing the same residence. Given the difficult economic times, this isn’t always feasible right away, so the courts rely on the subjective test in cases where separated couples had to share a home. Here, they look at each party’s conduct to determine when the intention or desire to end the marriage was expressed.
How Does a Date of Separation Come Into Play During My Divorce?
There are two key areas where the date of separation becomes a critical metric for the family law courts in CA: division of property and spousal support.
Division of Property: Starting from the date of separation, community property no longer applies. This means that everything you accrue or gain after this time is fully yours and won’t be subject to the asset division process of your divorce. Otherwise, anything you both gained while married, including money and assets such as real estate, is subject to be split in half.
Spousal Support: The date of separation matters for spousal support due to the way it is calculated. The length of the marriage impacts both the amount and duration of any entitlements, and thus the exact date of separation could become contested by one or both parties.
Learn More By Consulting With an Experienced Family Law Attorney
We hope this post gives you what you need to know about the date of separation during your upcoming family law divorce. For tailored legal advice from a trusted professional, don’t forget that we at R & S Law Group are here to help.
We’re experienced in dealing with all manner of custody issues, divorce, and all matters relating to family law in CA. Call us at (949) 825-5245 to schedule a free consultation today.