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General

Separation Date

The date spouses begin living separate lives, which can affect property division, support calculations, and waiting periods.

Understanding Separation Date

The separation date marks when the marriage effectively ended for legal and financial purposes. Assets acquired and debts incurred after this date may be treated as separate property. Establishing the exact date can be contentious because it affects how much of a retirement account, stock options, or business growth is subject to division. Some states require physical separation while others recognize in-house separation where spouses live under the same roof but lead separate lives.

Real-World Examples

They disputed the separation date — he claimed it was January when he moved out, she argued it was March when they formally agreed to divorce.

State-by-State Variations

Some states like North Carolina require a full year of physical separation before filing. Others have no separation requirement.

Related Terms

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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.