What is the ‘Date of Separation’ in a California Divorce Case?
In the context of a California divorce, the date of separation relates to the moment at which one or both spouses intend to end their marital relations and start living separately permanently. The date of separation is an essential legal issue regarding the end of community property in divorce proceedings. California, a community property state, says that property, earnings, and debts acquired during marriage are to be considered marital property subject to property division in the event of a divorce. By ending the community property arrangement, earnings, debts, and assets acquired after the date of separation are likely to be considered separate property and thus not subject to asset division.
Determining an accurate date of separation and the importance of that date have changed over the years in California laws. In years past, establishing the date of separation could be a complex endeavor, especially if the soon-to-be divorcing spouses continued to reside at the same address. However, new laws clarify that living in separate residences is not strictly required to determine the day the married couple decided to separate.
According to the California Family Code, the date of separation is the day that a complete and final break in the marital relationship occurred, as evidenced by at least one spouse expressing their intent to end the marriage to the other spouse and a spouse’s conduct being considered consistent with the intent to divorce. California family law courts will consider several factors to determine whether these essential criteria have been met before determining an official date of separation.
Is the Date of Separation Different from the Divorce Filing Date?
Yes, these are two entirely different things. The date of separation is considered the moment when a marriage has effectively come to an end in a practical sense, but the divorce filing date is when a spouse formally begins the divorce process. Sometimes, these dates could be on the same day, but that is rare. There may be several months that separate the filing of divorce papers and the initial date of separation.
Understanding the distinction between divorce filing dates and dates of separation is essential, as they can influence significant aspects of your divorce case.
How is the Date of Separation Determined?
California courts consider a spouse’s actions and intent when determining the legal date of separation. To determine an accurate date, both spouses must clearly understand that at least one of them no longer wants to try to make their marriage work. Proving intent to divorce means that at least one spouse made it clear to the other that they wanted to dissolve their marriage.
Actions that could establish intent to divorce may include the following:
- Express communication about the intent to end the marriage, either in writing or verbally
- Filing taxes separately
- Living separate lives and engaging in separate social activities
- Maintaining separate bank accounts and finances
- No longer presenting themselves as a married couple
- One spouse moving out of the shared residence
Suppose the date of separation is difficult to determine or the parties disagree on the date. In that case, a family law court will use two different tests to determine the separation date: the objective and subjective tests. The objective test will look at when the divorcing spouses started living separately. However, the law allows some spouses to live separately while occupying the same dwelling. In such divorce cases, there would need to be unambiguous evidence or conduct to suggest a physical separation under the same roof. That said, living separately does not necessarily prove that you are separated. Some married couples may live in different houses for extended periods without intending to end their marriages. The subjective test will consider when one or both spouses thought the marriage was over.
How Does the Date of Separation Impact Divorce Cases in CA?
California is a community property state, meaning that the courts view all assets, debts, and possessions acquired during marriage to belong to both spouses equally. After the date of separation, the community property rules no longer apply. Once you and your spouse have officially and legally separated, all finances earned, property acquired, and debts accrued will be considered separate property, belonging to one spouse and not both. Everything that falls between the date of marriage and the date of separation is considered community property. Everything before or after that time frame should be viewed as separate property.
In addition to property division, the date of separation is critical in determining spousal support or alimony. Sometimes, the date of separation could mean that shorter-term or longer-term spousal support payments are needed.
Additionally, the matter of dividing any retirement or investment benefits will be impacted by the data separation.
What if There Appears to Be More Than One Date of Separation?
In some divorce cases, the spouses may believe there were two different separation dates. This often occurs when the divorcing spouses attempt to reconcile and then separate again. Divorce cases such as these are more complicated because they confuse what should be considered separate or community property. In such instances, you must retain the professional legal counsel of experienced divorce lawyers to assist you in proving your case.
How Can a Divorcing Spouse Help Their Case?
In a divorce case that goes to trial, you may need to bring evidence or witnesses who can testify to strengthen your case. Family law judges will consider any evidence at a trial that could be deemed relevant, including evidence and testimonies that relate to the date of separation.
Examples of evidence that could be used to prove a date of separation include the following:
- A friend or relative testifies that you moved in with them
- Bank records showing a new, separate bank account
- Copy of a lease from when you signed on to a new apartment
- Family testimony that establishes the spouse stopped coming to family get-togethers
- Proof that you never moved back in with your spouse after initiating the separation
- Testimony in court that you expressed to your spouse a desire to end your marriage
Contact Us to Request a Free Consultation with Our Compassionate Family Law Attorneys Today
If you are going through the divorce process in California, our Sacramento law firm would be proud to lend valuable legal assistance to you during this difficult time. There are many factors to consider when entering divorce proceedings, with the date of separation being a prime example. Those looking to prove or dispute a legal date of separation should contact our law office for legal help immediately. We will review your case and help determine how to proceed in pursuit of the optimal outcome for your case.
Please get in touch with us to schedule a free case evaluation with our divorce attorneys today.
You can reach our Sacramento law office at 916-232-2808.
