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How Does the Date of Separation Affect a San Diego Divorce

On Behalf of | Feb 7, 2022 | Divorce

What is the date of separation and how does the date of separation affect a San Diego divorce?  The date of separation legally marks the point in time where “community” ends.  Generally speaking, from the date of the marriage until the date of separation the spouses form a “community” which is legally viewed as a single entity, or, perhaps more analogously, a single person.   The date of separation marks the point where the community ends, and each spouse is legally able to keep their own income as “separate” property and enter into separate debts.

How does the date of separation affect a San Diego divorce from two perspectives: property division and support? The date of separation is used to determine the length of the underlying marriage for the purposes of spousal support.  Spousal support usually increases in duration based upon the length of the marriage, however each case is unique.  Property division involves any asset or debt incurred by either or both of the spouses from the date of the marriage to the date of separation.

What technically constitutes the date of separation?  If both of the former spouses agree upon a given date to be the date of separation the Court will usually accept this.  Technically, the date of separation signifies the moment of the “complete and final break in the marital relationship.” This is usually evidenced by one spouse clearly communicating to the other spouse his or her intent to end the marriage, and the conduct of the spouse from that point forward is consistent with their intent to end the marriage.  The spouses do not need to physically separate their residences, but you should be aware that some of your conduct could affect the actual date of separation.

For example, if the spouses continue to publicly be affectionate, go on recreational trips or vacations together, seek marriage counseling or in any way hold each other out as married partners the Court may bring the actual date of separation into question.  The best strategy may simply be to put your intentions in writing and pay attention to how you conduct yourself and your affairs from that point forward.

How does the date of separation affect a San Diego divorce?  The date of separation plays a major role in many aspects of a San Diego divorce.  We invite you to read the strong reviews of former clients and recommendations of the legal industry, protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.