How is the Date of Separation Determined and why is it Important?

In a divorce, the date of separation is very important because after that date earnings and accumulations of one spouse do not become community property.  Still, even though it is a crucial date, the courts have failed to give a concrete rule that can be applied in all cases throughout California.  Instead, the circumstances determine the date.  For the separation date to be valid, there must be an intent to separate as well as behavior which demonstrates that intent.  If they are still entertaining thoughts of reconciliation, then the court may use a later date when feelings are more certain.  If funds are co-mingled, if the couple still resides together, if sexual relations continue, then the court may choose a later date of separation.  Contact Sagaria Law to schedule an initial consultation to learn more about this important question to protect your finances and facilitate a smooth transition to your new life.