Credit to JUSTcrono

Credit to JUSTcrono

The “date of separation” can be very important in dissolution actions.  Generally, property acquired by either spouse after separation is ordinarily separate property.  Usually couples may agree on the “date of separation” and although it is usually marked by someone moving out of the family home or some event that triggered a separation these are not precise tests for determining the actual date of separation.  There are times when couples reconcile which may give rise to more than one period of separation.  The best case on point is Marriage of von der Nuell which suggests that legal separation requires “conduct evidencing a complete and final break in the marital relationship.”

The date of separation is a subjective test and usually if couples disagree on the date of separation, the Judge is likely going to want to hear evidence to determine what day the parties intended to remain apart from one another indefinitely.

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