Date of Separation
In most cases, the date of separation is very important and impacts various aspects of your divorce case. To determine your date of separation, the Court looks at different factors, the most important of which is the date when you and your spouse started living separately and apart. The Court also looks at the intent of the parties, meaning that both parties must have decided to obtain a divorce and must have demonstrated their intent to no longer be living as husband and wife. There are circumstances, under which the Court may use an earlier date of separation than the time when one or both of the spouses moved out of the family home, but that may require extensive litigation and a full hearing in court. Of course, the parties may be able to reach settlement on this issue, especially if they utilize the help of an experienced attorney.
The date of separation is important because it is the basis to determine the parties’ community assets and debts. It impacts the division of pensions and other retirement accounts, and it affects the start and duration of spousal support.
The date of separation becomes a more complex issue when the parties separated, then attempted to reconcile, then separate again. In such a case, additional issues arise regarding the classification of assets and debts as community or separate, and regarding the start and duration of spousal support.
To ensure that you accurately state your date of separation, lay the groundwork to properly divide your assets and debts, and ensure that spousal support will start and end at the right time, contact attorney Slaveia Iankoulova for a free case evaluation at (714) 326-3133 or iankoulovas@gmail.com.
