CALIFORNIA FAMILY LAW
...Community Property Issues
......Date of Separation
16 Cards On This Topic:

Date of Separation defined.

Earnings and accumulations after date of separation are s/p.

Date of Separation.

Living in separate residences is an indispensable threshold requirement for a finding that spouses are "living separate and apart" for purposes of FC 771(a).

DOS not established solely by showing H moved out of marital residence and lived with girlfriend; requires "parting of the ways with no present intention of resuming marital relations."

Date of separation is determined by parties’ "subjective intent" legal standard, not the public-perception standard.

Spouses generally required to establish separate residences as a predicate to date of separation.

Determination of DOS proven by preponderance of, rather than clear and convincing, evidence.

Reversible error not to objectively consider evidence of H and W's subjective intents and perceptions regarding when marital relationship actually final.

DOS requires both parting of the ways with no present intention of resuming marital relations and conduct evidencing complete and final break in marital relationship.

In determining date of separation (DOS), court not bound by recitations in petition or MSA. DOS in pleadings often simply a guess.

Date of separation may occur after filing of petition for dissolution.

Physical separation for economic or social reasons does not, ipso facto, establish a date of separation.

Living separate and apart defined. Living apart for 14 years held not living "separate and apart."

Cases discussing various aspects of whether parties are living separate and apart for tax purposes.

Summary of Law: Effect of attempted reconciliation on date of separation.