Date of Separation

Date of Separation [UPDATE]

The date of marriage identifies when a marital relationship begins.  The date of separation identifies the end of community created by the marriage and the time when property acquired by a spouse is considered to be separate property

While the date of marriage can be easily determined, the date of separation can be hard to determine.  Separation usually occurs when one spouse determines the relationship has reached a point of irreconcilable differences.  Living apart or being estranged from a spouse in what may appear to be a failing relationship does not necessarily mean you are separated, neither does living in an unconventional manner during a marriage imply separation.

Determining if one spouse has determined the relationship has reached a point of irreconcilable differences is shown by behavior evidencing a complete and final break in the marital relationship.  Are the parties living separately or together; do they hold themselves out as still married or has one person publicly announced the end of the marriage verbally or through his or her behavior; or are the couple in therapy to try to repair or salvage the relationship?

In July of this year, the California Supreme Court in Marriage of Davis has further clarified the weight and meaning of a couple who remains together under the same roof.   The Court created a bright line rule that states that a couple cannot be considered living separate and apart when they live together in the same home.