(619) 737-3919
·
maria@rogovalawfirm.com
·
Mon - Fri 8:30 AM - 6:00 PM
Free consultation

What does the date of separation mean? Why is it important to determine the date of separation correctly?

Question: What does the date of separation mean? Why is it important to determine the date of separation correctly?

Answer: Pursuant to Family Code Section 70, “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 the intent to end the marriage.

(2) The conduct of the spouse is consistent with the intent to end the marriage.

 

Why is it important to determine the date of separation correctly?

 

Spouse’s earnings and accumulations after the date of separation are his/her separate property. See Family Code Section 771(a).

The date of separation cuts off the acquisition of community property interests. This date can be extremely important at divorce cases.

At divorce, community property is generally divided equally between the spouses, while each spouse keeps his/her separate property.

 

Determination of the date of separation does not require:

 

  1. An agreement between parties; it suffices if one of the spouses expresses his/her intent to end the marriage and is consistent with this intent.
  2. Spouses to live in separate residences. People can have different financial situations and sometimes cannot simply afford to rent separate houses/apartments while they are going through divorce.

 

 

DISCLAIMER: This Blog/Web Site is made available by the lawyer/law firm publisher for educational purposes ONLY as well as to give you general information, not to provide specific legal advice. This article should not be taken in any way as legal advice on your specific legal matter.

Please contact me at 619-737-3919 to schedule a 30-minute initial complimentary consultation to discuss your personal situation.

NOTICE: This Blog/Web Site constitutes advertisement materials and is meant for the residents of the State of California only. By using this Blog/Web Site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The materials presented in the Blog/Web Site may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. The Law Office of Maria Rogova is not responsible for any errors or omissions in the content of this Blog/Web Site or for damages arising from the use or performance of this Blog/Web Site under any circumstances.

 

 

Related Posts

Leave a Reply

About

Ms. Rogova, who is bilingual English-Russian, earned her law degrees from American and Russian universities. She earned her Russian law degree in 2003 and practiced law in Russia for over 7 years. Ms. Rogova has a broad range of legal experience in Russia such as contract litigation, corporate law, arbitration, real estate, and labor law. In addition to her law degree, in 2007 Ms. Rogova earned a Master of Finance degree.

Recent Articles

Were you ordered to pay child support? You paid for a while and then stopped? If so, you owe not just child support arrearages, but also interest.
June 23, 2020
Trust your spouse, but don’t be blind or deaf. Decided to transfer property rights, don’t forget to put it in writing. Marital Agreements and Transmutations.
June 9, 2020
Unauthorized practice of law in California. What can you do if you became a victim of someone who is unauthorized to practice law in California?
June 9, 2020