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Carefully Planning and Establishing the Date of Separation is an Important Step in Divorce

On Behalf of | Nov 22, 2019 | Divorce

Carefully planning and establishing the date of separation is an important step in a divorce in Carlsbad.  The date of separation occurs when one of the spouses provides “notification” to the other spouse that they intend to end the marriage, and that spouse takes consistent action after that date to bring the marriage to conclusion.

Why is careful planning regarding the date of separation so important when considering or preparing for a divorce in Carlsbad, Rancho Santa Fe, Encinitas or anywhere in Carlsbad?  Two important issues arise out of the date of separation:

(1) The ability to establish “separate” property going forward

(2) The amount and duration of spousal support (if applicable)

Any income or property acquired during the term of the marriage is considered to be “community property” which is divided fairly evenly at the end of the marriage.  The date of separation marks the end of community property, and after that date each former spouse may open “separate” banking and investment accounts.  Any income they earn or property they acquire from that point forward are considered to be “separate” property, and will not be divided as “community” property.

Another important consideration is spousal support.  The amount of spousal support and its duration is closely associated with the duration of the marriage.  Generally speaking, if a marriage lasts less than 10 years, spousal support will last no longer than roughly half of the duration of the marriage.  However, when the marriage lasts longer than 10 years, the amount and duration of spousal support can become much more legally complex.

This is why it is important to work with the experienced and proven Certified Family Law Specialists at Burke & Domercq.  Carefully planning and establishing the date of separation is an important step in a divorce.  Is it in your interest for this important date to be sooner or later?  We invite you to review the recommendations of the legal industry and the words of our clients and contact Burke & Domercq or call 760-389-3927 to schedule an appointment with one of our experienced divorce and family law attorneys.