Why the "Date of Separation" is a Critical Date in the California Divorce Process

What is the "Date of Separation" in a California or North County divorce and why is this date so important?  The date of separation has been a controversial topic in California family law for many years.  Fortunately, a recent Court decision and resulting legislation has clarified this critical issue.  A new law went into effect January 1, 2017 which helped to clarify this important issue.

The "Date of Separation" is legally the day when the "community" ends, and the spouses are able to engage in financial matters and decisions as individuals. The Date of Separation is the date a "complete and final break" in the marital relationship occurred.  This date is established by two events:

1. One of the spouses has expresed their clear intent to end the marriage, and

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

Spouse's have a legal duty to one another known as a "fiduciary duty."  This literally means they must act and make decisions with the other's best interests at heart.  Every penny spent out of joint or marital accounts up to the Date of Separation must be accounted for.

Once the "Date of Separation" occurs your community property rights stop.  It is also a critical date for the calculation of spousal support as the length of the marriage is considered to be the date of the marriage to the date of separation.

Community property in California is a key concept and issue to understand.  All property and liabilities obtained during the marriage is considered to be community property and generally speaking it is to be divided equally and fairly.  If you open a separate account prior to the Date of Separation that money is still community property.

Once the Date of Separation occurs and actions follow intentions, the parties cease to be a "community."  They may open separate financial accounts.  The money they earn is no longer a community asset.  They are free to make their own decisions regarding their "separate" financial property, but must continue to exercise their fiduciary duty when handling community funds and property.

This is another reason it is so important to contact the experienced Carlsbad divorce and family law attorneys at Burke & Domercq.  If you are considering a divorce in Carlsbad, Encinitas, Oceanside, Vista, Rancho Santa Fe, Escondido or anywhere in North County we invite you to review the recommendations of our clients and the legal industry and contact us or call 760-712-3741.

Learn about the important steps you should be considering, and the importance of establishing (or delaying) the date of separation.  There is a lot riding on this important event, and it is important to have a clear understanding so that you may make beneficial decisions and protect your interests.