Date of Separation
The date on which a married couple stops living together as a married couple. This date is critical because it determines when marital assets and debts stop accumulating.
Understanding Date of Separation
The date of separation affects property division, support calculations, and the length of the marriage (which influences alimony duration). In community property states, income earned and debts incurred after separation are generally the earner's separate property. Determining this date can be contentious — it might be when one spouse moved out, when one told the other they wanted a divorce, or when they stopped sharing a bedroom. Some states require physical separation while others recognize separation under the same roof if the couple has ended the marital relationship.
Real-World Examples
The husband moved out on March 15, establishing the date of separation. His $50,000 bonus earned in April is considered his separate property.
State-by-State Variations
California defines separation as a complete and final break. North Carolina requires one year of physical separation. Some states have no formal concept of separation date.
Related Terms
A property division system used in nine states where all assets and debts acquired during the marriage are owned equally (50/50) by both spouses.
Equitable DistributionA property division system used by most states where marital assets and debts are divided fairly, though not necessarily equally, based on multiple factors.
AssetAny property or item of value owned by either or both spouses that is subject to division in a divorce. Assets include real estate, bank accounts, investments, retirement funds, businesses, and personal property.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.