In California family law, the date of separation is when a complete and final break in the marital relationship has occurred, as evidenced by the spouse expressing the intent to end the marriage and their conduct being consistent with that intent. The court will consider all relevant evidence when determining the date of separation. (Family Code, section 70.)

This is important for several reasons. 

First, it determines when the parties’ community property ends and their separate property begins. In California, any property or assets acquired during the marriage are generally considered community property, which is divided equally in a divorce. However, any property acquired after the date of separation is generally considered separate property, which is not subject to division in a divorce.

Second, the date of separation can affect the length of time spousal support (alimony) is paid. In California, the length of a marriage is a factor in determining the duration of spousal support payments. The date of separation is used to determine the length of the marriage for this purpose. If a couple was married for less than 10 years, the duration of spousal support is typically half the length of the marriage. If the couple was married for 10 years or more, the court has discretion to order spousal support for a longer duration.

Overall, the date of separation is a critical date in California family law as it has significant implications for the division of property, spousal support, and other important issues in a divorce.

If you have any questions or concerns – contact our office today. Our attorneys, Tony Luzuriaga and Mary Shafizadeh, would be happy to provide you with further guidance.

Disclaimer: This post is not legal advice. There is no agreement to provide legal representation. Contact an attorney, such as Empire Family Law, to review your specific case.