What is the date of separation in a Carlsbad divorce and why is it important in your divorce? The date of separation establishes the date your income and assets become “separate property” from the community property. This will impact the distribution of the community property and potentially child and spousal support.
The date of separation marks a point in time after which any property obtained or earned by the former spouse becomes “separate property” of that spouse, outside of community property interests.
The date of separation can also be the difference between a “short term marriage” and a “long term marriage” under California law. A long term marriage in California is considered to be 10 years or longer. Spousal support in a long term marriage often continues indefinitely until the former spouse remarries or passes away. Spousal support from a short term marriage usually terminates after a period of time roughly equal to half of the term of the marriage itself.
At this moment in time, you do not have to physically live in separate dwellings to have an established date of separation in a Carlsbad divorce. The cost of separate dwellings means many parties going through a divorce still continue to reside in the same residence. If no one moves out can you have a date of separation? What constitutes the date of separation?
After a major upheaval with a recent California Supreme Court decision, many family law attorneys, judges and the California legislature worked to produce new laws that answered this question once and for all.
“SECTION 1. Section 70 was added to the Family Code, to read:
70. (a) “Date of separation” means the date that a complete and final break in the marital relationship has occurred, as evidenced by both of the following:
(1) The spouse has expressed to the other spouse his or her intent to end the marriage.
(2) The conduct of the spouse is consistent with his or her intent to end the marriage.
(b) In determining the date of separation, the court shall take into consideration all relevant evidence.
What does this mean? You don’t have to physically live apart. However, you must carefully document clear communication to your former spouse that you intend to end the marriage. You must then take consistent actions as if you are either a separate entity or that you intend to be divorced.
Protect your own interests and contact us or call 760-434-3330 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.