Most people think of the date they file for divorce as the most important date but in fact the date of separation can be just as important if not more so. Why? Keep reading to find out why it can be a big factor in many matters such as child support, alimony, and the division of property. Then contact Law Office of Michael L. Fell at 949-585-9055 to get a free legal consultation with a family law attorney.
The Definition of the Date of Separation
The “date of separation” does not mean the same thing in every state. In California, it refers to the date that there was a “complete and final break in the marital relationship.” The court considers this the day that one spouse tells the other they want a divorce and that they act accordingly.
The Date of Separation Does Not Necessarily Coincide with the Date One Spouse Moved Out
Many people assume that the date one spouse moves out is the date of separation, but in fact many couples must live together until the divorce is finalized. There are many reasons this might happen, including not being able to afford separate homes, wanting to remain in the same home until child custody issues are worked out in the divorce, and for childcare reasons. Whatever the reason, it is important to know that you can still live with someone and be legally separated.
The Importance of the Date of Separation
The date of separation can affect your divorce in many different ways. Remember that we are a community property state, which means that you and your spouse are entitled to half of all assets and income acquired during the marriage. This is true no matter who is on the title or who earned the money. There are exceptions if you have a prenuptial agreement.
One of the biggest impacts of the date of separation is that it indicates that money and income that comes after that date is no longer joint property. Note that if you are dealing with income that was earned before the date of separation but does not get to you or your spouse until after the date of separation, it is still community property because it was earned before you were separated.
The date of separation also impacts how long one spouse is required to pay spousal support to another. If the marriage lasted for longer than a decade, spousal support can be required with no end date. So if a couple has been married for nine and a half years, separates, and does not get divorced until after their ten year anniversary, that date of separation can ensure that full alimony is not due.
Do you have questions about how this can affect your case? If so, contact Law Office of Michael L. Fell at 949-585-9055 for a free legal consultation.