What is a “Separation Date” in a California Divorce?

Most spouses assume that the only real date of importance in a divorce is the moment this legal process is finalized. But there is another date that is important, and this is your “separation date.” Although the separation date is not the same as the finalization of your divorce, it can have a real effect on your divorce. But why is this date so important, and how can it affect your divorce in California? For the most accurate answers based on your unique situation, it makes sense to get in touch with an experienced law firm such as Knez Law Group.

What is a Date of Separation in California? 

California Family Code section 70 defines the Date of Separation as “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 the intent to end the marriage.
2. The conduct of the spouse is consistent with the intent to end the marriage.

The date of separation has been commonly referred to as the date that the spouse intended to leave the marriage and not return. In other words, it is the date of your breakup. Sometimes, this date is obvious. In other cases, it may be vague, and spouses may even disagree on when the relationship “officially” ended. There may be times that parties attempt to reconcile that may extend the date of separation.

How to Determine the Date of Separation

There are a few things that can indicate the end of a relationship. One of the most obvious is the “move-out date” of one spouse. If one spouse leaves the family home and starts living in a hotel or an apartment, you can use this date as your separation date. Spouses may also set their separation date on the day that one spouse told the other that they no longer want to be in a relationship. This communication might occur verbally or in writing (such as a text message). A text message or a dated letter is easier to use because its date is difficult to contest.

How Does the Date of Separation Affect My Divorce?

The date of separation affects your divorce in a number of ways. First of all, it is determinative on the length of the marriage. The length of your marriage affect alimony (spousal support) as well as separate and community property division, including retirement plans and pensions.

The date of separation likely affects the property division. This is because separate assets acquired after the separation date may not be eligible for division. In other words, if you acquire an asset after the date of separation, you do not need to hand over 50% as part of the “community property” system in California. For all assets acquired during the marriage (marital property), they are presumed to be community property. Additionally, assets acquired before the marriage may have increased in value during the marriage, such as a home or business, and there may be a community property interest in the increased value of the separate property asset.

Where Can I Find Experienced Divorce Lawyers in Riverside?

If you have been searching for an experienced divorce attorney in the Riverside area, look no further than Knez Law Group. Over the years, we have assisted numerous divorcing spouses, and we understand that this general process may be very confusing for many. Fortunately, you do not need to become a legal expert simply to get a divorce in California. Instead, you can book a consultation with us today and benefit from our experience in this field. Reach out and get started with an effective action plan.