What is the date of separation and why is it important?

The date of separation occurs when at least one spouse intends to end the marriage and there is evidence of conduct furthering that intent.

The California Family Code provides that the earnings and accumulations of a spouse while living separate and apart from the other spouse are separate property. The date of separation can have a significant effect on marital property; for example, the number of community property years there is in a pension plan or the number of years that tell whether an obligation was acquired before separation. The date of marital separation is also important in spousal support cases where the issue concerns whether or not the parties have had a long term marriage.

While date of separation is a simple question for many couples, when the date of separation is disputed, it is good idea to get legal advice from an attorney who specializes in family law.

Need help with adoption, annulment, collaborative divorce, community property, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements? Family Law questions go beyond the limits defined in this blog. For more information, call or e-mail the Law Offices of Richard E. Bawden, State Certified Family Law Specialist. The Law Office of Richard E.Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa,Beaumont, Banning and Hemet.

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