What is the date of separation?
It's the date that either person (husband or wife) no longer
intends to resume the marriage and his or her actions are
consistent with that "finality of the marital relationship."
It generally includes living separate and apart, separation
of finances, as well as either person no longer holding the
other one out as his or her husband or wife. Sexual
relations also is a factor. The ultimate test of course is
"intent". What was either spouse's intent? To end the
marriage or to take a break from one another before
attempting to reconcile?
Why it the date of separation important in divorce
action?
Once the parties are separated, money earned after
separation, property acquired after separation with
post-separation money, and debts incurred after separation
are the separate asset or obligation of the person that
acquired or incurred it. There are of course exceptions to
the rule. For example, you cannot hord and hide your money
during the marriage and then buy or invest that after
separation in the hope it is separate property.
Another importance of the date of separation is spousal
support (sometimes called alimony). If spouses are married
for 10 years or longer before separating, California
considers that a "long term" marriage. The 10 + years means
if one spouse is the higher earner, he or she may have an
obligation to pay lifetime spousal support. However, if the
time between the date of marriage to the date of separation
is less than 10 years, the higher earner's spouse may only
be paying spousal support for 1/2 the duration of the
marriage. The date of separation is of course only one of
the factors the court takes into consideration when
determining the duration of the spousal support. Sometimes
however, it may be the most important.
To my readers: My name is B. Robert Farzad. I am the
managing partner of the law firm of Farzad & Mazarei. Our
firm handles complex and simple divorce actions & related
family law matters including those involving paternity,
child custody and child support. Farzad & Mazarei handles
cases throughout Southern California including Orange
County, Los Angeles as well as Riverside & San Bernardino
Counties. To contact me with any questions, email me at
rfarzad@farzadlaw.com or call us toll free
at (877) 857-6500.
